Armtrac Security Services - Falmouth Maritime Museum

Coupon-mad

Muzakjunkie wrote: »

Brilliant, thanks very much for your help.

Hope you put in a strong appeal as a normal one won't work.

The first appeal could/should have been a strong 'legal challenge' in your own words but very detailed - which is what we advise on here and on pepipoo.

For a POPLA appeal, look at the 'Registered Keeper Liability' and other sections on the Parking Cowboys site, noting anything you notice that 'your' PPC has omitted to do or state.

So you need a very strong POPLA appeal, heavy on contract law stuff and any BPA breaches by the PPC, perhaps not even mentioning what happened unless there are things about the car park that make your case stronger, like signs being hidden/not lit/too high/too small font to read (take photos).

POPLA do like the 'contract law arguments/unclear signs/unfair & unenforceable penalty/BPA Code of Practice breaches/PPC has no status, assignment of land rights or ownership/PPC has not shown the site agreement/contract' approach as is shown in some successful POPLA decisions so far:

http://forums.moneysavingexpert.com/....php?t=4488337

And although it's tedious, compare the BPA Code of Practice with what the PPC has done in terms of narrow bays, dodgy unclear signs, look at the ticket wording, Notice to Keeper wording, procedures/cameras/deadlines, etc. Does it all match the CoP this bunch of scammers are signed up for? Look for breaches and list those you find.

Like this poster did on pepipoo, perhaps not similar to your case, I don't know, but look what she put together for POPLA after starting off as a newbie poster scared of two fake PCNS! This is a nice example of a well-researched POPLA appeal IMHO:

http://forums.pepipoo.com/index.php?showtopic=78026

Much can be made of some BPA breaches and a bit of thought as to what you can suggest in a final summary, that the PPC 'should' produce in their evidence to POPLA - set up lots of banana skins and they only have to slip up on one and POPLA will probably find in your favour.

CombatBarney

So what happens if the POPLA appeal is also rejected? Do we have to just pay up or is it a case of ignoring them again?
This company in Cornwall have a LOT of negative information floating about.

trisontana

POPLA decisions are not binding for the motorist, in spite of the the misleading statement by them which says "to prevent further action by the parking company you must pay the amount now". No you don't have to.If you lose your appeal then you can ignore. It's up to the PPC if they wan't to take you to court.

CombatBarney

PPC being private parking company?
So worst case scenario is the popla appeal gets rejected and I am served genuine court papers.....how much could i be expected to pay at court?

Umkomaas

CombatBarney wrote: »

PPC being private parking company?
So worst case scenario is the popla appeal gets rejected and I am served genuine court papers.....how much could i be expected to pay at court?

Wow, whoaa fella, you're jumping well ahead of the game. Stay cool :cool:

With help from here and PePiPoo (I note you've posted there too, so you've got your best bases covered) it needn't go beyond POPLA.

If you are unsuccessful at POPLA (only 40% are, and I suspect most of those were weak, 'this is what happened' appeals) this does not mean Court is the next step. You could, if you wished, at this stage, pay the PPC. You could ignore it (POPLA not binding on the motorist); there's no guarantee the PPC will continue to pursue. If they do issue Court Papers, there's no guarantee they will see them through. There's help here and PePiPoo to defend Court cases too.

But if your nightmare scenario occurs, you're probably looking at a couple of hundred quid, including the fake PCN cost.

CombatBarney

Umkomaas wrote: »

Wow, whoaa fella, you're jumping well ahead of the game. Stay cool :cool:

With help from here and PePiPoo (I note you've posted there too, so you've got your best bases covered) it needn't go beyond POPLA.

Haha!! Ok I'll be cool! Cheers for the heads up though.
I'll get cracking on the letter later

CombatBarney

Thought I'd email the museum......

Good Morning,
I wanted to draw your attention (I fear it already is) to the draconian car park company you have working on your behalf! My family visited yourselves a couple of weeks ago and had a most enjoyable visit, only to be marred by a £100 parking fine slapped on my vehicle on returning to the car park. The ticket I had bought had turned over in the wind but was on display in the dash.
I have tried to appeal the fine and failed to date. Any effort of appealing to the company ARMTRACS better nature is clearly wasted. I paid for the ticket, I understand why I was fined but can prove that you, nor ARMTRAC lost out on any money as a result of my visit. Infact, we spent money in the museum, money in the restaurant nearby, money on the parking, and money in Falmouth town. The issue of the fine and the aggressive nature of the company seeking this ridiculous fine has left me with a very sour taste in my mouth. I only really have an option but to post negatively on the various forums and travel guides (trip advisor) about my experience and how such a nice day was spoiled.
My understanding is you, as the landowners are able to intervene in such cases. I appreciate that perhaps the letter of the PCN is I failed to display my ticket but as explained, this can be proved that I was not evasive in my method and am happy to provide the relevant evidence to support this.
The company you employ has a huge amount of negative information available on the internet with many problems of the same nature being discussed. The various owners have links to crime and fraud, have been mentioned on more than 1 occasion in the local press, and in my opinion shed a very poor light on Falmouth and your establishment as a whole.
As a suggestion, I would be willing to donate £20 to your museum (or a charity that perhaps you suggest) in order to avoid giving ARMTRAC anything - I have no intention of paying the fine and will gladly go to county court. I agree that I should have checked the ticket was face up every 5 minutes, however, having a dog in the rear of my van (which has specially tinted windows to keep the rear cool) means that I leave a window open to allow circulation of air within it. I fear the ticket was turned over due to a gust and was something out of my control. The £20 gesture would be on top of the £217 I spent in Falmouth, the museum and the restaurant on my family holiday.
Please feel free to email / call, I would welcome the contact.
Kind regards
Barney Andrews

surfboy1

Like it.
Hope the museum can see what impact these PPCs are having on their name.

trisontana

Except that they should not have called it a "fine".