Sensible questioning or costly barrack-room lawyering: which?

Redx

Agreed

And that address in Dukinfield is just a mail drop p o box , not their actual physical address which they keep a closely guarded secret !! Lol

1505grandad

A search of the ICO DPO register shows the M & S group - can this address be used?:-

CARD PROTECTION PLAN LIMITED

Marks & Spencer (Isle of Man) Pension Scheme Limited

Marks & Spencer Outlet Limited

Marks & Spencer Pension Trust Limited

MARKS & SPENCER PLC

MARKS & SPENCER SIMPLY FOODS LIMITED

Marks & Spencer Unit Trust Management Limited

Marks and Spencer Financial Services Plc

Marks And Spencer France Limited

MARKS AND SPENCER GROUP PLC

Registration number: Z1520818Date registered: 29 October 2008Registration expires: 28 October 2020Payment tier: Tier 1Data controller:

MARKS AND SPENCER GROUP PLCAddress:

WATERSIDE HOUSE

35 NORTH WHARF ROAD

LONDON

W2 1NW

Data Protection Officer:

Data Protection Officer, Marks & Spencer

Retail Customer Services

Chester Business Park, Wrexham Road

Chester

CH4 9GA

Customer.DPO@marks-and-spencer.com

0333 014 8555

Registration number: Z6046528Date registered: 21 February 2002Registration expires: 20 February 2021Payment tier: Tier 3Data controller: 

MARKS & SPENCER PLCAddress:

WATERSIDE HOUSE

35 NORTH WHARF ROAD

LONDON

W2 1NW

Data Protection Officer:

Data Protection Officer, Marks & Spencer

Retail Customer Services

Chester Business Park, Wrexham Road

Chester

CH4 9GA

Customer.DPO@marks-and-spencer.com

0333 014 8555

Cark

D_P_Dance said:

That is just another debt collector's bovine excrement  OP,  why have you posted it?

Novelty value, perhaps. Some folks may be familiar with the 'bovine excrement' of debt collector's threats in respect of alleged parking contract breaches. Others may very well not. I suspect the latter are in the majority. If not, this country is in a worse state that I thought.

I included it as its style and content may be of interest to those who have only heard about the bovine excrement that is these letters, but  -- like myself, and doubtless many 1,0000s of others -- but have never never actually had the opportunity of seeing an actual example.

Browsing as I have done of different forums where "parking fines" cropped up, there seemed to be a hard core of posters who by virtue of (presumably) firsthand experience, knew a great deal more than others. Either way, the actual stuff being talked about was rarely available to see first hand, perhaps because some victims were unaware of how to attach an image to their posts.

Hopefully, it's the last image I'll be adding.

Cark

nosferatu1001 said:

Cark - I would send Marks and Spencer a Letter Before Claim for breach of the Equality Act 2010

A sum not in excess of 5k at court but you can have the low low price of
- cancelling the PCN with ECP, which you as principal CAN do
- apologising for your misleading emails stating you do not own the land, when all evidence shows otherwise 
- a mere 500 quid donation to *pick a charity of your choice*? Sound good here OP?
You require agreement within 14 days else you WILL lay a claim at court. To put it bluntly, you are a service provider failing in your legal duties, and this cannot be denied. You have an absolute legal duty to provide "reasonable adjustments" as per... and this has not been met b y you or your agents actions in creating a uniform, inflexible time limit with NO instructions on how the required "reasoanble adjustment" you MUST ensure is availaible can be applied to any driver with protected characteristics. You have no excuse that you did not know, as you are required to anticipate the discrimination your single time limit imposes, and deal with the indirect discrimination this causes. You failed to do so. 
Should you fail to settle, I will require a set of dates when an Officer of thec ompany will not be avaiable to appear in court, to be cross examined about your companies misrepresentartions and failures to meet their obligations. This will be compelled via witness summons. 
Adddress this to the CEO and to the legal department. 

@ nosferatu. Thanks for that: appreciated. I've too much on at the moment to cope with two courses of action, though what you say makes sense. The situation re M&S is one which M&S itself can publicly address as and when. I haven't yet moved to Parliamentary level in regard to its conduct, but I certainly will. Should this come to a County Court case, the outcome of which I can't prophesy (nor anyone else) I'm relying upon my own experience of civil and criminal courts, the foremost lesson of which is that whether you're the CPS or ECP, you get one shot at a hearing. If your case hasn't been properly put together, than that's it: a kindly judge doesn't say, aw, shucks, you got that wrong, go away for a week or two and get your act together and then  we'll resume where we left off.  Should it come to a hearing, then thanks to you and your advice, I'll definitely raise the Equality Act 2010.

For now though, all that I'm getting is junk mail. Not correspondence from a Court. If/when that ever comes, I'll have something tangible to deal with and - yet again, due to posters on this thread who've taken the trouble of help and advise -- I'll have more in the way of ideas to complement the strategy I've already formulated.

Cark

@beamerguy: thanks BG, again. In answer to your question, why am I ignoring DRP?

Because in my mind they count for nothing. The business is very likely owned by the same directors (and their associates) running ECP. I really wouldn 't want to dignify Abi-g-a-l-e and Co by rising to the bait.

Besides,  letters like these are surely composed and sent out in expectation that only a certain percentage of recipients will be intimidated enough into paying -- a percentage which, if achieved, will make all the effort financially worth it.

It'll be the same kind of system of statistical probability that mail order campaigners used to work to, such that a million letters get sent out in expectation of 1,000 fulfilments. 

With ECP/DRP, the money involved is a lot greater, because the percentage of fulfilments will be even smaller. For that reason, the price of settlement continues to be jacked up from an already high base-line of an unquantified £85.

ECP/DRP will regard as dead time, and dead money, any Court appearance and the costs of same, because going to Court isn't part of the so-called 'business model'. They're shysters, best dealt with via legislators and legislation.

Not sure about "having fun" with these people but you're right: the more I learn from folks here, the better equipped I'll be should the day ever come when the intimidation of the dress rehearsal stops and the actual performance begins.

Cark

Castle said:

You have left the PCN number showing.

Thanks for spotting that, Castle! I suppose I should remove the image but have no way of editing a post on MSE long after it has appeared.

Cark

Redx said:

Agreed
And that address in Dukinfield is just a mail drop p o box , not their actual physical address which they keep a closely guarded secret !! Lol

Such a shame that an honest business toiling away in a routine everyday existence has to hide its location away lest someone sends the boys round to have a word or two. 

KeithP

Cark said:

Castle said:

You have left the PCN number showing.

Thanks for spotting that, Castle! I suppose I should remove the image but have no way of editing a post on MSE long after it has appeared.

Yes you can. To edit a post click on the cog-like image top right of your post.

beamerguy

Not sure about "having fun" with these people but you're right: the more I learn from folks here, the better equipped I'll be should the day ever come when the intimidation of the dress rehearsal stops and the actual performance begins.

A dress rehearsal .... I like that, it's like bad school kids, the teacher gets involved and ends up being spanked by the headmaster ...... we call him/her ... the judge

Cark

KeithP said:

Cark said:

Castle said:

You have left the PCN number showing.

Thanks for spotting that, Castle! I suppose I should remove the image but have no way of editing a post on MSE long after it has appeared.

Yes you can. To edit a post click on the cog-like image top right of your post.

Keith: Many thanks for that. I'm such a dunderhead; I've seen the 'settings' wheel before but never thought of it as being a personalised device. Tst tst. Thanks to you and Castle, both. Document further edited now.