Harassment AFTER alleged cancellation

Coupon-mad

Is there any way of attaching scanned documents or pictures of them on here?

Post a broken link, minus the www or http. Host in Dropbox, or Imgur, etc.

KeithP

OP, if your forum username is anything like your real name, then best you get it changed to something much more anonymous.

To do that, read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:

Q. How can I change my username?

A. In most circumstances, this is not permitted.

The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.

Loadsofchildren123

Write a LBC to the PPC.
Did you ever get it in writing from McDs that they'd cancelled it, or just oral?
Have you ever told the PPC and their debt collectors to stop contacting you and McDs have told you they instructed them to cancel it and they had cancelled it?


Suggested LBC - adapt depending on your answers to my Qs.


Dear Sirs


LETTER BEFORE CLAIM


I refer to the PCN issued to me as the driver of vehicle xxx on x date.


The alleged infringement was that I had exceeded the time allowed for parking on the relevant land on the relevant date.


The relevant land is a MacDonalds car park, where I was a customer at the relevant time.


The displayed terms and conditions of parking allow a period of free parking of x minutes. I, and the three people I was with (who are all serving police officers) requested and were given permission by the manager of the restaurant to remain parked in the car park for longer because we had not finished our meal, and she told us that she would inform you of the permission and that I would not receive any charge as the driver of the vehicle.


On

I received letters from you and agents instructed by you demanding payment of the PCN, together with increasing added charges. On each occasion I contacted the restaurant manager to confirm that I had been given permission to remain in the car park and that they had instructed you to cancel the charge. On each occasion MacDonalds confirmed this to me and told me that the charge would not be pursued. I enclose copies of my correspondence with MacDonalds. Not every approach to MacDonalds was in writing, sometimes I visited the restaurant in person or telephoned the manager. I also wrote to you and/or your agents informing them of the above

. In spite of this, you have continued to write to me in increasingly threatening terms demanding ever increasing amounts of money, and have instructed debt collectors to do so on your behalf. Your continued attempts to obtain payment from me in respect of a charge you have been instructed by the principal (MacDonalds) to cancel are acts of harassment under the definition set out in the Protection from Harassment Act. Your continued threats and demands have caused me considerable upset and distress [expand on this - eg are you clinically depressed or suffer from anxiety anyway, and are on medication and this makes it worse?]. Each time I get one of your letters, I go through the same panic and have to contact my three police officer friends and MacDonalds to confirm what happened on the relevant date. In addition to harassing me, you are breaching my rights under the Data Protection Act by continuing to retain and process my data, including passing it on to third parties, when you have no right to do so. I require you to cease writing to me about this matter and to confirm that the charge has been cancelled. I also require you to cease retaining and processing my data and to destroy it,and to instruct your agents to do so. If you do not do this and I hear from you or your agents one more time with a request for payment, I will issue a claim against you for damages for harassment in the sum of £500, for damages for your breaches of my data protection rights in the sum of £500, and for injunctive relief. Please respond to this letter within 14 days. I draw your attention to the matters set out in the Practice Direction - Pre-Action Conduct and, in particular, the sanctions the court can apply for non-compliance with its requirements, as set out in paragraphs 13-16. Yours faithfully xxxx I'd also be sending a written complaint to MacDonalds. Dear Sirs

LETTER BEFORE CLAIM


I enclose a copy of my letter to xxxx, the contents of which are self-explanatory.


Please note that if I do not receive confirmation that the charge is cancelled and my data has been destroyed, and if I have to issue a claim, then I will join MacDonalds as a Defendant.


You are the principal in the contract with [PPC] pursuant to which they wrongly issued my vehicle with a PCN on x date. As such, you are responsible for the failure by [PPC] to cancel the charge. The manager of x branch has assured me time and again that the charge will not be pursued, but yet I continue to receive threatening and harassing letters demanding ever-increasing amounts of money which I find highly distressing and which are in breach of my data protection rights.


I ask you, please, to finally ensure that the charge is cancelled. I was given express permission by the manager of the restaurant to remain in the car park. I simply don't understand why this has become so difficult. It is having a severe impact on me.


Please reply to this letter within 14 days and I draw your attention to the comments about the Practice Direction-Pre-Action Conduct in the enclosed letter to [PPC].


Yours faithfully