“I have served a Legal Notice on the Council and Mathew has confirmed that he has accepted service; thus, the validity of the Legal Notice is now established and self-evident, and remains so whether or not the Council ‘accepts’ it.” (Please see email below)
Email To Mathew
Sent: Sunday, December 27, 2015 12:53 PM
Subject: Legal Notice To ERYC
Thank you for your email.
I am concerned that you may have failed to have entirely understood the situation. In order to clarify, I propose to assign a number to each sentence within your email, then deal with each in numerical sequence. I would be grateful if you would adhere to the same numbering system, should you feel the need to request further clarification.
(1) Thank you for your e mail.
The pleasure is mine, Mathew.
(2) I have read the text in your link and the image contained therein.
As mentioned in the preamble to this email, I fear that you have not correctly understood the text or the image.
(3) The Council does not accept the validity of the ” Legal Notice ” you have created.
You seem to be in some confusion as to the nature of the process of issuing Legal Notice. The Legal Notice exists. It has been duly served. You have acknowledged receipt thereof. To be absolutely clear, I have served a Legal Notice on the Council and you have confirmed that you have accepted service; thus, the validity of the Legal Notice is now established and self-evident, and remains so whether or not the Council thereafter declines to ‘accept’ it.
(4) You cannot create a contract with the Council by making a statement and then stating that failure of the Council to register an objection within a specified time or in a specified manner results in acceptance of the contract.
Once again, you appear to be confusing/conflating the concept of a ‘Legal Notice’ with that of an ‘offer to treat’ and/or a ‘Contract’. Allow me to clarify:
My Legal Notice constitutes an offer to treat. No more. It delineates my terms and conditions, which are very simple. I have revoked any implied right that the Council may feel itself free to enjoy in respect of affixing, or causing to be affixed, any unenforceable Parking Charge Notices (or any other document or object) to my property (in this case, my vehicle). Please be clear that to affix, or caused to be affixed, any unenforceable PCN constitutes an act of joinder. In simple terms, if the Council prefers NOT to enter into contract, then the Council’s course of action is clear: DO NOT affix, or cause to be affixed, any unenforceable PCN to my vehicle (my property).
(5) It is unclear what contract you purport to create by your actions.
The fact and nature of my offer to treat having been established, the decision now rests with the Council as to whether or not it wishes to give joinder to my offer to treat, thereby creating a contract between, of the first party – me (though it is important to note that the same terms and conditions will be applicable to any other motorist who displays – i.e. serves – such Legal Notice in his/her windscreen), and, of the second party, East Riding of Yorkshire Council.
(6) You refer to ‘terms and conditions’ but it is unclear what these ‘terms and conditions’ are.
To the contrary, it is perfectly clear what my terms and conditions are. You have thus far failed to conform to my Terms and Conditions – i.e. “Your legal objections, within 20 working days, are invited from Mathew Buckley on ERYC headed paper.” Your legal objection (if any) MUST rely on Statute or a Case Law, NOT mere opinion. The Council may, if it so wishes (and that wish must be ratified in Council ), decline my offer to treat. Or the Council may indicate its acceptance of my offer to treat either in writing or by affixing, or causing to be affixed, contrary to my Legal Notice, an unenforceable Penalty Charge Notice to my vehicle (my property). However, there is a chargeable fee in the sum of only £200 (two hundred pounds) in respect of the Council disregarding my Legal Notice and, further, affixing any unenforceable PCN to my vehicle (my property) without tacit consent contingent upon joinder to this contract.
(7) If the purported contract is acceptance of the validity of the ‘Legal Notice’ that appears on the page then the Council does not accept this ‘contract’.
Acceptance and/or receipt (or otherwise) of my Legal Notice is not purported to be joinder to the contract. My Legal Notice is merely an offer to treat – nothing more. It can only be elevated to the status of a contract by the Council giving joinder. But please bear in mind that by acknowledging receipt of my Legal Notice, the Council has already acknowledged that it is under notice that to affix an unenforceable PCN to my vehicle (my property) without my explicit consent will incur a chargeable fee in the sum of only £200 (two hundred pounds). You appear to be stating that the Council has declined to enter into a contract with me under these terms and conditions. That is a matter for the Council. What remains is that the Council, by declining my offer to treat, has thus far declined to avail itself of terms and condition under which I will consent to the Council affixing, or causing to be affixed, unenforceable PCNs on my vehicle (my property), subject to a chargeable fee of only £200 (two hundred pounds).
For clarity, in declining my offer to treat (as you appear to wish to do – though I accept that you may have incorrectly understood the nature of my offer to treat), the Council stands to forswear the opportunity to constrain any chargeable fee contingent upon having affixed, or caused to have affixed, any unenforceable PCN to my vehicle (my property) to a mere £200 (two hundred pounds) and, in so doing, will risk facing a chargeable fee in a higher sum yet to be determined, though certain to be considerably in excess of the conservative chargeable fee of only £200 (two hundred pounds), as expressed in my offer to treat.
I trust that the Council acknowledges my right to charge for the affixing of any document or object to my vehicle (my property). Were such not the case, any Tom, Dick or CEO would be free to affix, say, advertising (or electoral) material to my vehicle (my property) without my consent. This would be absurd.
(8) The ‘Legal Notice’ that you have created has no basis in law.
See (3), above. I trust you will concede that notice has been duly served and acknowledged.
(9) That is you or anyone else displaying this ‘Legal Notice’ have no lawful right to impose a fee of £200 for cancellation of a PCN.
I have never suggested that I propose to charge the Council for the cancellation of a PCN; I have stated that I offer to constrain my chargeable fee for granting my consent to the Council to affix any unenforceable PCN to my vehicle (my property) to a sum of only £200 (two hundred pounds). As stated in (7), above, I have the right to charge for granting my consent to the Council to affix, or cause to be affixed, any document or object to my vehicle (my property). I have given due Legal Notice to that effect and you having acknowledged service thereof, for which I thank you.
I trust that is clear that, under my terms and conditions, by affixing any unenforceable PCN to my vehicle (my property), the Council will be giving joinder to my offer to treat, thereby concluding a binding contract. Under the terms and conditions, the Council will thereby ensure a chargeable minimum fee of only £200 (two hundred pounds).
(10) Any such demand that is made will be ignored by the Council and if any attempt is made to recover monies by court action such action will be contested and the Council will pursue recovery of costs incurred by the Council in opposing such applications from those bringing such actions.
The Council would be rash to affix any document or object to my vehicle (my property) without my consent, most especially (but not limited to) any unenforceable PCN – having now been served with, and having acknowledged receipt of, my Legal Notice. Should the Council be so irresponsible, it will now do so in the knowledge that an opportunity has been forsworn to constrain my chargeable fee to a mere £200 (two hundred pounds). The Council would do well to prepare itself for the likely eventuality that my chargeable fee may hereafter be increased, at my own prerogative, to a sum yet to be determined. Clearly, the Council’s desire to provide value-for-money to the taxpayers of the East Riding will not be fulfilled by any rash action such as may give rise to a higher chargeable fee.
The simple solution, of course, is for the Council to take care not to affix any unenforceable PCN (or any other document or object) to my vehicle (my property) without my consent. This is most reasonable; after all, I do not affix documents or material to the Council’s property without its consent – and were I to do so, I would rightly expect the Council to commence action against me.
In the event that the Council does affix any unenforceable PCN (or any other document or object) to my vehicle (my property), please allow me to re-iterate, for the avoidance of all doubt, that such action will incur a chargeable fee – as yet undetermined, but likely to be significantly greater than £200 (two hundred pounds).
Should the Council fail to settle such chargeable fee in a manner deemed by me to be timely, I shall bring action in the small claims Court for the recovery of the debt and my costs in pursuit of payment of the chargeable fee.
Now, with these words of clarification concluded, allow me to wish you a happy and rewarding New Year.