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Letter from TNC and aggressive phone call

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24

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  • Half_way
    Half_way Posts: 7,054 Forumite
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    Is he the one who threatened to break someone's !!!!ing fingers?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • dazster
    dazster Posts: 502 Forumite
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    Yep that's him.
  • Jodilina
    Jodilina Posts: 9 Forumite
    edited 25 February 2016 at 8:40PM
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    Ok - so here is my appeal:
    You completed the appeal on 03/12/2015 21:39:02.

    We are aware of all the signs that alert car park users of the correct use of purchasing and displaying a ticket in the correct manner. However, upon arrival to our vehicle on the 31st July 2015, there was no sign whatsoever of any bright yellow plastic wallet containing a fine issued by a car park attendant on our windscreen, or on any other part of the car. Nor should we have expected to see one as we had purchased and displayed a valid ticket.
    Please see attached a scanned copy of the car parking ticket that was purchased and displayed on the driver's side window at the time of purchase, valid within the time in which the parking fine was issued. Whether or not Armtrac can produce evidence that the valid pay and display ticket in question was not clearly displayed on the window remains to be seen, however, that is not the point as we have proved to Armtrac and now to you that we did in fact have a valid ticket. Would it be possible that the parking attendant, the issuer of the PCN, placed the bright yellow plastic wallet over our ticket and not on the windscreen as instructed, subsequently obstructing the view of our valid ticket. Armtrac have already proven themselves to be unscrupulous operators by sending a letter dated 20th October and not posting it out until 4th November; thus leaving us with 6 days to 'pay' or appeal their fine rather than the 21 days we were supposed to have - this has already been brought to your attention and you have investigated it on our behalf, thank you for that.
    The original pay and display ticket was sent to Armtrac in response to their initial letter as proof that we did purchase a ticket, though to Armtrac this was not satisfactory evidence.
    Please see, the date of issue 31st July 2015, time of issue 13:58, expires 15:58, for use of the car park Stennack Private Pay & Display Car Park, St Ives, Cornwall.
    As the operator has claimed to have sent you all the documentation between myself and them, I do not feel it necessary to attach all the letters of communication, but will be happy to if you so desire.

    Their Response:
    Having considered all of the evidence in this case, I am satisfied that the Operator has established a prima facie case.

    The Adjudicators only role is to determine whether the charge is lawful or not. I will only have regard to the legal principles that apply in any matter and NOT to any other feature such as the issues identified with regards to the correspondence between the Operator and Appellant.

    The terms and conditions of the contract entered into when parking on the private land in question are clear, a valid pay and display ticket must be displayed.

    The photographs of the contravention were taken between 14:50 and 14:52. They show that the only pay and display ticket on display expired at 14:29. It was therefore not a valid ticket.

    The photographs also show that the other ticket referred to by the Appellant: date of issue 31st July 2015, time of issue 13:58, expires 15:58 was not on display.

    As such the parking charge was validly issued and the appeal dismissed.
  • Jodilina
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    And the reason they couldn't see our ticket is because the parking attendant stuck the PCN over it.
  • dazster
    dazster Posts: 502 Forumite
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    :wall: Geez they are scum aren't they, the lot of them?

    Just ignore. This will not go any further (or if, amazingly, it does we will be queueing up to help you).
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 25 February 2016 at 6:13PM
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    Jodilina wrote: »
    The first company was armtrac - the issuer, then we appealed via IPC and lost!

    so this aggressive idiot then (some IPC details)

    http://www.westbriton.co.uk/Parking-company-director-phased-trips-court/story-20935058-detail/story.html

    KBT Cornwall Ltd (Trading as Armtrac Security Services)

    01/03/2015
    www.armtracservices.co.uk

    he couldnt hack it in the BPA with POPLA so went to the dark side 12 months ago

    ignore the debt collectors, for the next 6 years or so

    if any court papers arrive, ask for more help in this thread
  • Ralph-y
    Ralph-y Posts: 4,563 Forumite
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    Jodilina


    have a read of this blog .....

    http://parking-prankster.blogspot.co.uk/

    and consider sending Parky an email .... he may be interested

    good luck

    Ralph:cool:
  • Half_way
    Half_way Posts: 7,054 Forumite
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    Good result - of sorts, as its a P&D car park Beavis is irrelevant and Mike Cooke can sod off if he is expecting any payment over this, I'm sure that we will all be sticking two unbroken fingers up at Mike Cooke of Armtrac/ Mike Cooke of KBT Cornwall, ltd.

    Another aspect could be a landowner complaint - is this car park attached to any retail park or other establishment?
    An IAS loss is not the end of the world, far from it you should now turn this into a catalyst for a slew of complaints:
    The landowner ( if applicable) for employing such a shoddy outfit as Mike Cookes Armtrac and allowing them to continue to operate on their land despite evidence showing that this company/person is unsuitable and has a less than satisfactory reputation.

    The Chartered Trading Standards Institute , as the IAS has completely failed ( again ) to comply with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 and as a result they should lose their accreditation as they are not fit.

    The DVLA for releasing your data

    Trading standards for the ISA not complying with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015

    The Advertising Standards agency, report the IAS for a service that states it complies with The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 when it does not - especially in the non standard appeals section

    and so on
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • dazster
    dazster Posts: 502 Forumite
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    Jodilina, can you post up the photo where the yellow bag obscures your second pay-and-display ticket?

    If you upload it to some picture-sharing site such as tinypic, you can post a damaged url here (replace "http" with "hxxp") and someone will re-post it fixed.
  • Fruitcake
    Fruitcake Posts: 58,248 Forumite
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    edited 7 March 2016 at 10:19PM
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    Jodilina, you should remove your reg number and PCN number from your post 14.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
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