The Cheque and solicitor's issues.




This case was taken to a court, 'caught' and has begun its public exposure here.


4th Letter

The highlighted text below were all in black originally, As this letter was used twice, the second copy is shown here so that a reasonable reader will be in immediate contact with the focal key words.


This letter and cheque HAS BEEN placed through the letter box at the shop of 7-9.on the day of this letter. For the avoidance of doubt, the payment is NOT acceptance of the enforcement which is rejected. If you wish to bank the cheque you commit to sending an NTO, and the appeals process is thus paid for in advance, either way accepting overpayment at this time, breaches your rules, and initiates proceedings as detailed hereunder.


Mr. A. Winter


Tel: email to: @btinternet.com


PCN Processing Unit,

PO Box 20217,

NW1 9GH

Director P Bishop, / J woods.

Sent by email and fax 02079744610


Sun, 28 May 2006 13:29:20

Ref: AW / 17071926 PCN number CU02132933

____________


Dear Sir./Madam,

I refer to your letter dated 17th May, for which I thank you.

Please find enclosed a payment for the above PCN, on behalf of the owner, within the time for discount, but for the full amount. This enables you to take complete advantage of your legal rights to enforce, anticipating your successful rebuttal at an adjudicators hearing. You have read my replies, and been advised how your undertaking enforcement shall be treated. The original draft claim has been extensively revised by substantial growing evidence of enforcement that shows a correlation with fiscal motives without any bearing on traffic management and reveal aspects that are 'ultra vires' breaching your obligations under Tort law, EU conventions of Human rights protocol 5, the spirit of the relevant sections of the RTA 1991 and I have additional evidence I shall rely on showing you have wilfully selected my PCN for enforcement in a prejudicial manner not merely for its triviality and widespread reprehensible revenue motives, but because of either my representation, the make of vehicle or a closely related personal attack upon my rights to freely and innocently go about my daily affairs without being caused continual distress.


As a disabled person, I will show evidence spanning three years of BP measurements, at home and in town, revealing my extensive and dangerous hypertensions due to anxiety and fear of either being forced to stop, as I had on that day four times, due to 'force majeure', or else for the briefest and most trivial of offences. Having not been issued, this past ten years, with a PCN for anything other than periods less than 180 seconds, the last but one being for 3.3 seconds, I regard the disgraceful over zealous methods employed as an intolerable constraint on my and anyones rights of free movement without fear of predatorial incentivised wardens hiding around corners only to catch the unwary.


Your letter of 17th May is a first instance of vexatious and prejudicial conduct, should you continue the enforcement you shall render your conduct of issuing a NTO as a second instance of vexation where a remedy shall be sought under the offence of Harassment Act 1997 sect 40, previously mentioned.


The enforcement is rejected on four grounds, and six categories that you shall become aware of on issue of the claim proper.


Like for like, I advise, that you have 15 days (allowing for bank holiday) from the date of this letter to advise me of your intention either to continue enforcement or cancel the PCN. On hearing nothing by that date, all exchanges shall be published on the Internet, three media agencies and the Camden councilor, MP and Mayor advised of my intentions. Thereafter upon sight of a NTO the claim, I have advised, committing the second offence of vexation, shall be issued at your eventual cost in a just outcome, at the local county court without further notice at my discretion and leisure.


Any result at an adjudicators hearing shall not alter this course, but in the event my representation prevails, the offence of harassment shall have been reinforced.


Measure for measure this case of harassment, my third, shall be seeking exemplary and punitive damages at the higher end of the maximum penalties permitted under the aforesaid law, with part for correction of my avoidable time and trouble and the remainder going to the DCA and relevant organisations who are exposing this kind of conduct. The directing minds shall be ascertained at such time as is required.


Thank you. E. & O. I.

Yours Most Respectfully,

A.Winter


___________________________________


The text of the Solicitor's letter.




Dear Sir,

RE: PCNCU021 32993

We are instructed by Parking Solutions of the London Borough of Camden in connection with the Penalty Charge Notice (the 'PCN') and your dispute of same.

We have been provided with the correspondence you have sent to our client, setting out the grounds on which you are disputing the PCN, including the draft Claim Form you have prepared, and are currently reviewing these documents. We will shortly be in a position to write fully with our client's substantive response.

In the interim can you please advise whether you have in fact issued proceedings with the Court? Please direct all future correspondence on this matter to the writer.


Miller

Commercial Law -Litigation For the Director of Law & Administration


______________________________________________________



The Reply to the Solicitor's letter.








Mr. A. Winter

email to: @btinternet.com


PCN Processing Unit,

PO Box 20217,

NW1 9GH

Director P Bishop, / J Woods.

Sent by email and fax 02079744610


To: C Miller,

Department of Law a& Administration,

LBC, Town Hall,

Judd Street, London WC1H 9LP

BY Email: @camden.gov.uk


Fri, 2 Jun 2006 13:25:16

Ref: AW / 17071926 PCN number CU02132933 your letter CLS/LIT/CM/1025.151

____________


Dear Madam,

The answer to your question, of the third paragraph of your above reference, is contained in previous correspondence that I thought was already particularly clear, but for the avoidance of doubt is reprinted herewith. I do not use terms in the manner of a casuist or sophist in semantics or rhetoric, confining myself to sentences and their propositions in logic with reliable correspondence to reality and contextual inference..


The key sentences, and their propositional correlates are highlighted at four levels. Those parts of sentences with future inflexional forms are more than sufficient to have ensured perfect clarity in reading.


You need not trouble yourself with a substantive reply at this stage, I shall be resolved upon receipt of their intent in a sentence whether they are so resolved to forbear or enforce?



Thank you. E. & O. I.

Yours Most Respectfully,

A.Winter


CC to parking enforcement.