Good morning Mr Kennard,
Many thanks for taking the time to put your concerns in writing.
You do appear to be well read with regards to the various regulations and acts.
That said you are completely wrong. In fact it is you that is committing a criminal act, trying to extort monies from individuals or firms by miss representing the law.
Let me be very, very clear, we have not breached any such legislations.
If you which to pursue the matter, please do so as the last person that did so, attended four court hearings, was found seriously wanting and lost.
That said I have asked that your email address be removed.
I trust that brings an end to the issue.
I have re-read the regulations a few times - it seems very very clear to me - so I have asked the ICO to confirm. We'll see what they say.
Update: My latest reply:-
Invitation to consider Alternative Dispute Resolution.
In light of the Pre-Action Conduct Directions as part of the Civil Procedure rules we hereby invite you to consider resolution of this matter by means of Alternative Dispute Resolution. In light of the sums involved the only ADR process that seems appropriate, and is not likely to represent an unnecessary increase in costs for either party, is "discussion and negotiation" as per 8.2(1) of the directions.
We therefore invite you to provide details of the documents on which you would rely should this matter proceed to the county court small claims track. Based on these documents we are prepared to discuss the matter further to find a resolution without going to court.
In particular, as you have indicated that you believe your actions are not in breach of section 22 of The Privacy and Electronic Communications (EC Directive) Regulations 2003, we invite you to provide any evidence that I (the recipient of the offending email) consented to the transmission of the email as per 22(2) of the regulations, or that you obtained the email address during negotiations or sale by you to me as per 22(3)(a).
If I do not receive a reply within 14 days I will assume you do not wish to continue with such ADR and I will have no choice but to proceed with a county court claim on the small claims track.
I look forward to your prompt reply.