Update on fighting the Congestion Charge: I got a reply!
Updated: Dec 12, 2020
I got a reply to the first letter here's a copy of the first letter:
Name, of the family: Surname address and postcode 21 of November, 2020 Transport For London Congestion Charging PO Box 344 Darlington DL1 9QE Please also C.C for the attention of: Sadiq Khan, and all those who are relevant NOTICE OF CONDITIONAL ACCEPTANCE Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent Reference: Number Plate: Dear Sirs, I, Name of the family: Surname, do declare the following to be true and correct to the best of my knowledge. This is a legal notice. Please read it carefully as it means what it says. Do not ignore it. I am writing to find peaceful remedy and wish to deal with this matter in honour. I wish to verify that any outstanding obligations or debts in relation to the above reference number are in fact lawfully owed by me to Transport For London. I am happy to effect payment on any debts that are lawfully owed by me upon the condition that the following documentation is provided thus verifying the obligation. I request that you substantiate your claims by forwarding the following documentation: 1. Proof that you still hold the original instrument of indebtedness. 2. Validation of the debt and proof that Transport For London (or any of its affiliated agents, parent companies, proxies, etc) actually suffered a loss (Copy of the actual accounting). 3. Proof of your claim against me in the form of a sworn affidavit; or an original and valid bill, with the words “Bill”/“Invoice” and “Value” on the face of it, complete with signature. 4. Copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, evidenced as such by signatures binding the parties in agreement, INCLUDING any delegated Instrument of Novation, signed and sealed in a tripartite contract. 5. An Equitable Deed of Assignment (not a notice of assignment – two very different legal documents) should be made available to validate your claims. This should be executed as a Deed, granted by the grantor or original creditor and indorsed by instrumentary witnesses in solemn form. It may be wise to take note that the following are the terms of a lawful contract: 1. Full disclosure. 2. Equal consideration. 3. Lawful terms and conditions. 4. Signatures of the Parties/Meeting of the Minds. Should you not be in receipt of any of the aforementioned documents, then you are party to a fraudulent act, therefore I reserve the right to seek full recourse through the courts of law It is also my understanding that the liability presented to me is in fact an offer of a contract which I have a lawful right to decline as a contract cannot be enforced under protest and duress and against my will. I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon your full commercial liability. Due to the urgency and seriousness of this allegation, I will give you fourteen (14) days to respond. If I do not receive such a response conforming to the above criteria within fourteen (14) days of the date of this letter, it will be deemed a tacit agreement by your acquiescence that the debt is null and void and non-existent and that permanent lawful estoppal will have been gained. Your failure to provide Proof of Claim in the form of the above reasonably requested specific items will comprise the tacit procuration of Transport For London's agreement to the following terms and conditions. 1. Transport For London is a third party interloper with no first-hand knowledge of the facts of the matter. 2. Transport For London (or any of its affiliated agents, parent companies, proxies, etc) does not have the legal right or lawful authority to attempt to enforce collection of the invalid claim and will not attempt to do so in the future. 3. Transport For London (or any of its affiliated agents, parent companies, proxies, etc) has no authority to adversely affect the credit rating of MR/MISS NAME NAME SURNAME™ and that any negative remarks made to any credit reference agency will be removed. 4. Transport For London (or any of its affiliated agents, parent companies, proxies, etc) does not have the legal right and lawful authority to sell the alleged liability, pass it back to its client and/or appoint an agent to act on its behalf in this matter. Without malice or mischief, in sincerity and honour Yours sincerely By: Name, of the family: Surname Authorised Agent and Representative for MR/MISS NAME NAME SURNAME™ Standing under the Jurisdiction of the Common Law Court No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved. WITHOUT RECOURSE – NON-ASSUMPSIT Calls maybe recorded After that first letter I waited the 14 days and didn't receive a response and then on the 16th day I received a reply via email here's a copy:
Dear Name Surname
Thank you for your enquiry received on 24 November 2020, regarding Congestion Charge.
Please be advised that the account was set up by the account holder and is responsible for any charges on the Congestion Charge Auto-Pay.
In the meantime if you have any questions, please visit tfl.gov.uk/congestioncharge or call us on 0343 222 2222 (or Textphone 0207 649 9123 if you have impaired hearing).
Yours sincerely
D. Milton
Contracts & Operations Manager
Transport for London
That letter is really interesting when it says "Please be advised that the account was set up by the account holder and is responsible for any charges on the Congestion Charge Auto-Pay."
meaning they know this is serious and they know that letter is correct in everything it says, saying that the account was set up by the account holder is trying to say I had a choice as to whether or not I wanted to set up an account and pay Congestion Charge further proof of that is the fact that the bloke who emailed me back was the [Contracts & Operations Manager] meaning he is dealing with me because I entered into a contract and he is meant to deal with contracts.
This was the letter I sent them on the 14th day of the no response before they replied:
NON-NEGOTIABLE [address] 07/12/2020 (The Seventh of December 2020) Transport For London Congestion Charging PO Box 344 Darlington DL1 9QE Please also C.C for the attention of: Sadiq Khan, and all those who are relevant Reference: Number Plate: Dear Sirs, I, Name of the family: Surname, wrote to you on Twenty-First [21] Of November requesting the following lawful documentation, so that I may settle any financial obligation I might lawfully owe and I also requested that ALL documentation to be presented to me in SUBSTANCE and with FULL DISCLOSURE: 1. Proof that you still hold the original instrument of indebtedness. 2. Validation of the debt and proof that Transport For London (or any of its affiliated agents, parent companies, proxies, etc) actually suffered a loss (Copy of the actual accounting). 3. Proof of your claim against me in the form of a sworn affidavit; or an original and valid bill, with the words “Bill”/“Invoice” and “Value” on the face of it, complete with signature. 4. Copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, evidenced as such by signatures binding the parties in agreement, INCLUDING any delegated Instrument of Novation, signed and sealed in a tripartite contract. 5. An Equitable Deed of Assignment (not a notice of assignment – two very different legal documents) should be made available to validate your claims. This should be executed as a Deed, granted by the grantor or original creditor and indorsed by instrumentary witnesses in solemn form. As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you a further ten (10) days to reply to this notice from the above date. Your failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms - that the debt did not exist in the first instance and that I the owner of the vehicle in question with the registration number [numberplate] am no longer obliged to pay The Congestion Charge; and that you will be held liable for any and all damages to Name of the family: Surname incurred by your actions. Further that any negative remarks made to a credit reference agency be removed forthwith, and you will no longer pursue this matter. Please also note that any further invalid claims against Name of the family: Surname and/or attempting to contact Name of the family: Surname will constitute Harassment under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, and against FCA guidelines, which may result in legal action for compensation for the anxiety and any financial loss caused. Without malice or mischief, in sincerity and honour Yours sincerely By: Name, of the family: Surname Authorised Agent and Representative for MR/MISS NAME NAME SURNAME ™ Standing under the Jurisdiction of the Common Law Court
No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved. WITHOUT RECOURSE – NON-ASSUMPSIT Calls maybe recorded
This last letter is still completely valid as they didn't give the lawful documentation I requested
Thanks for reading
Bill
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