Not sure if this insert attaches a file. I have therefore copied and pasted my draft letter to the trainer below. I would appreciate your review before I send it. I am planning to send it via recorded delivery to what I think is his home address, plus the generic address on the website and also by email. I have also stated that if I had to attend a claims court I will also seek all costs including my daily contract rate (if I take a day off work I do not get paid). Your advice on this approach will be much appreciated.
Many thanks and kind regards
To: XXXX XXXXX
Address: XXX XXXXXXX, XXXXXXXX, XXXX XXX
XXX XXXXXXXXX XXXXXXX, XXXXX XXXX, XXXX XXXX, XXXXXXX, XXXXXXXXXXXXX, XXXX XXX
Reference: Financial Claim against X X XXXXX: Civil Celebrant Training
Reason: Failure to pay PCN and misleading information provided.
Failure to provide training material
Untenable relationship – unable to complete the training programme.
Training programme did not deliver the service paid for.
Notification of Claim: I have been advised to notify you of my claim against you for a total of £311.50. The amount is derived from:
£250 – being 50% of the training fee
£61.50 – being the cost of the parking penalty charge.
The full case is set out below.
I request payment of this claim, in full, within 10 working days of the date of this letter.
You are requested to acknowledge receipt of this email and receipt of the letter issued to your home address by recorded delivery.
Next steps: The matter will be referred to the Small Claims Court. I will seek to recover all costs associated with this claim from you, including any time taken in attending a hearing at a contracted cost of £505.00 per day.
Background to claim:
The training paid for was for continual training for as long as needed including access to script reviews and documentation. There remains a lot of training outstanding. The training relationship is now untenable due to the behaviour demonstrated by you in relation to providing untrue information about payment of the parking charge and failure to provide course material.
Failure to provide course material: You have been asked by me on more than 3 occasions to provide the promised service book and supporting documentation. You have never provided the service book as promised.
You advised me where to park after I had to do all the driving as you did not provide any premises for the training or appropriate travel arrangements. I asked about whether it was ok to park where we were and you assured me it was as you were very familiar with the area. I questioned this again as I had never been to the area. You again assured me that it was ok to park there. On returning from the bar where the training continued you stated ‘oh if you do get a parking ticket I will pay it’. A parking penalty notice was on the car when we returned. YOU took the PCN and said you would pay it. I had no reason to believe you would not. I therefore had no record of the PCN in order to check.
I requested public speaking training. When we met, you immediately advised me verbally that you had paid the PCN.
22.11.13 I received the demand for the unpaid PCN – Emails sent to you, which clearly show your claims to have paid the PCN, are as follows:
Unfortunately I cannot copy and paste the emails into this part of your system - is there another way I can send the letter to you as a file? I would like you to see the email chain so that you can advise on the strength of my case.
END OF BACKGROUND AND EMAIL EVIDENCE REPORT