Thanks to all, for all your emails and support in relation to yesterdays debacle with the Near Fm radio station. We have received an avalance of emails in response, and are attempting to address each of your emails and calls within the next 24 hours. As a great many of you are aware, Near Fm pulled the interview (at the last moment and without any notice), that was to air in relation to discussing “Irish Water” and the draft letter that was penned …
As a result of these events, we have been offered a further two interviews with other radio stations, which we will announce before they broadcast. As promised, we have penned the letter below, that was to be discussed on Near Fm. It is only a draft, and is not intended as a template. Obviously if you are writing to “Irish Water”, it would be best to write your own letter. This is just food for thought.
NOTICE/DEMAND – CONDITIONAL ACCEPTANCE
Date: [13th. October 2014]
FOR THE IMMEDIATE ATTENTION OF:
PO Box 448,
South City Delivery Office,
Cork City, Cork.
AND THE ATTENTION OF:
Billy Hawkes, Data Protection Commissioner, Canal House, Station Road, Portarlington, Co. Laois.
Peter Tyndall, Office of the Information Commissioner, 18 Lower Leeson Street, Dublin 2.
Isolde Goggin, Chairperson of the Competition Authority, The Competition Authority, 14 Parnell Sq., Dublin 1.
Norin O’Sullivan, Acting Garda Commissioner, An Garda Siochana Headquarters, Phoenix Park, Dublin 8.
Your Application Number/Ref.: 
Your Pin/Ref.: 
We enclose herewith your “Application Form/Pack”, as per your references above, as we are not currently in a position to form a contract and/or make an agreement with you and/or “Irish water”, as per your application form/pack. In its current form/offer your application is formally/officially rejected, as it is ambiguous at best, and at worst is purposely misleading and misrepresentative of you/Irish Waters position, terms and conditions, and the potential for abuse of a dominant position.
Nonetheless we shall give thoughtful consideration to your application/re-application on consideration of the receipt of you/Irish Water addressing the following points, answering the following questions and providing all data, information, proofs and evidence that you may rely upon and that you are directed to give/provide within seven (7) days of the date of this letter.
CONDITIONS SET OUT BELOW:
1. FOR THE RECORD YOU HAVE STATED: “Dear Customer, Irish Water is the new national water utility, which is responsible for providing and managing water services throughout Ireland”.
a. Why do address your letter/offer to a “Dear Customer”?
b. Isn’t it true that the “Joe Bloggs” you have referenced above is NOT a “Customer” of your“Irish Water”, and has not ever agreed and/or contracted to be a “Customer” of your “Irish Water” in any context whatsoever?
c. Isn’t it true that you/Irish Water have wilfully addressed your aforementioned letter/offer in this way, to purposefully misguide innocent/ignorant People into thinking that they may have a contract/agreement with you/Irish water, wherein the very opposite is true?
d. We put you on proof in relation to your statement “Irish Water is the new national water utility”, and demand/direct that you provide us with proof of same within seven (7) days of the date of this letter.
e. Where specifically did you source/get/find/come upon the name “Joe Bloggs”?
f. Who(m) specifically provided you with the name and alleged address of said “Joe Bloggs”?
g. Isn’t it true that you do not have any tacit, implied and/or explicit permission to use the name “Joe Bloggs” and/or any other data or information pertaining to the said name “Joe Bloggs”?
h. If you are of the misguided belief that you have, then we demand that you provide us with proof of same within seven (7) days of the date of this letter.
i. Isn’t it true that without such permission being given to use the said name “Joe Bloggs”, you are in breach of the “Data Protection Act 1988 and 2003”?
j. We demand under the “Data Protection Act 1988 and 2003” and the respective “Freedom of Information Act 1997”, that you provide a copy of ALL data and information that you have/hold on file and/or any and all data management platforms that you/Irish Water manage for Irish Water and/or any other data and information management platforms that you manage and/or have access to within seven (7) days of the date of this letter.
k. What specific “water services” are you seeking to provide in relation to your above statement?
l. Isn’t it true that you have NOT offered any “terms and conditions” in relation to said provision of said “water services”, and that your aim as Irish Water is to MANIPULATE and CON People into signing said application(s)/contract(s) without offering said “terms and conditions”, and thus purposefully and wilfully intend to abuse your purported dominant position?
2. FOR THE RECORD YOU HAVE STATED: “Water charges liability commences from 1 October 2014”.
a. For the purposes of absolute clarity; are you stating here that “Joe Bloggs” is liable for“Water charges”, irrespective of the FACT that you/Irish Water have no contract/agreement whatsoever with said “Joe Bloggs”?
b. Isn’t it true that to presume/assume and proceed with such a thing, and in such a manner as you are purporting to, is constituted as an offence under the “Criminal Justice Theft and Fraud Offences Act 1997”, and the respective “Competition Act 2002”?
c. Isn’t it true that under said acts, you personally and/or the Directorate of Irish Water could potentially attract very heavy fines and/or possible prison sentences for your part in such a FRAUD, CON, DECEPTION and/or SCAM?
3. FOR THE RECORD YOU HAVE STATED: “Please apply to us for water services allowances for which you may be eligible or to make a declaration that you are not a customer by Friday 31 October 2014. You can apply in one of these ways”.
a. Isn’t it true that you cannot force any Man or Woman to make a “declaration”, and or force them to make or sign an “application” or Contract against their will, and is constituted as an offence to even attempt to do such a thing under the “European Convention on Human Rights”not to mention the “Constitution” and “Contract Law”?
b. Isn’t it true that the Water of this Island belongs in whole and part to the People of this Island, and that your and your corporation “Irish Water”, and the corporation known as “the State” are guilty of FRAUD, DECEIPT and attempted PROFITEERING off the backs of the People and their privately owned Water?
TAKE NOTE: This letter “NOTICE/DEMAND – CONDITIONAL ACCEPTANCE” is sent to and for the immediate attention of you John Tierney acting for and as “Irish Water”, and to and for the attention of Billy Hawkes the Data Protection Commissioner, Peter Tyndall of the Office of the Information Commissioner, Isolde Goggin Chairperson of the Competition Authority and Norin O’Sullivan Acting Garda Commissioner. We demand that all points and questions herein be addressed and answered fully, clearly and without any ambiguity whatsoever within seven (7) days of the date of this letter, and that all parties named/listed herein and above be sent a copy of same and all/any further or future said addresses and answers etc.
FINALLY: This letter will be used in evidence against you and/or Irish Water, and we will hold you John Tierney personally and vicariously liable in relation to said matters should you fail, refuse and/or neglect to address all/any points contained herein, or should you fail, refuse and/or neglect to answer all/any questions contained herein, or should you fail, refuse and/or neglect to provide us with all or any data, information, proofs and/or evidence that you may rely upon or that you have been directed to provide with the timeframe stipulated i.e. seven (7) days from the date of this letter, and we shall have no hesitation in lodging a Criminal Complaint with An Garda Siochana should you continue in your and “Irish Waters” barratry.
NOTICE TO AGENT IS NOTICE TO PRINCIPAL | NOTICE TO PRINCIPAL IS NOTICE TO AGENT