Ooooooooo I got a response........most entertaining - last email from me then follows response (there is also an even lengthier response to the land owner - Giles Insurance but I forgot to forward that one home)
From: Paul.Rice@xxxxxxxxxx
To: info.chester@gilesinsurance.co.uk; enquiries@gilesinsurance.co.uk; directcarparksolutions@live.co.uk
Date: Mon, 21 Feb 2011 10:52:13 +0000
Subject: Letter Before Action
Dear Sirs/Madam,
As per my previous correspondence please find attached a 'Letter Before Action' stating my intentions to bring court proceedings to you regarding the unlawful clamping of my vehicle.
The N1 Court Summons Form has been completed and will be submitted Chester County Small Claims Court on Monday the 28th of February should a full settlement of £152.95 or sufficient photographic evidence be received.
Hard copies have been sent in the post to Giles Insurance Chester address and to DCS Birkenhead address (although there is some doubt as to weather this is a legitimate address where post is collected from - hence the email copy)
Giles I have also attached a copy of the response received from DCS last week and my subsequent request that was not/cannot be complied with.
Regards
Paul Rice
From: Direct Car Park Solutions [mailto]
Sent: 28 February 2011 13:02
To: Rice, Paul
Subject: RE: Letter Before Action
Dear Paul, i spent most of my sunday afternoon investigating your claims with my operatives and they tell me you and yuor girlfriend had WPC attend to the site on the Day in Question. My operatives also told me how rude you were and also the phone operator mentioned your rudness also. I am also informed your partner did not pay the full release fee which you are trying to claim for , which after deliberation with our legal team, can be portrayed as a fraudulant claim.
I also attended the site myself and took more photographs. Their are two new yellow lines painted in front of the aforementioned site. and as explained before THEIR IS NO THROUGHFARE, so you were tresspassing, the contract is irrelevant. Show me your written permission, from Giles Insurance to park their and yuor receipt and i will gladley, immeadeatly refund you. Kind regards Mr Dawson.
From: Rice, Paul
Sent: 28 February 2011 14:02
To: 'Direct Car Park Solutions'
Subject: RE: Letter Before Action
I think you might have the wrong chap there Mr Dawson.
I was on my own - I was perfectly polite to bother the phone operator and operative in attendance (in fact I even thanked the operative for coming back to release the car so quickly and for pointing out the appeals address to me) and there was no police attendance because although I refute the clamping fee ETC I understand that you were only doing the job you have been contracted to do - regardless of weather it is enforceable or not - and I appreciate that.
I would suggest you check your facts before making accusations such as this as they can land you into further legal issues (defamation of character). However in this instance a simple apology will suffice.
