Armtrac scamming again

warddru0455

Hi
Armtrac are still up to their tricks. Early this year we parked at Discoveery Quay in Falmouth. Paid and displayed as you should.Had lovely visit to the Muesem and returned to our realtives.
Some 75 days later we receive a Notice to Keeper requsting name of driver of vehicle which they claim did not display a valid ticket. No PCN was on the car when we returned to it. After such a long time period we have not retained the valid parking ticket.Cynics would claim we had not purchased a ticket but I can assure we had. Not worth the hassle for a few quid not to.
After much Internet searching I think the N.T.K. is flawed on several counts
1/ Time scale . 75 days is over the 56 day rule in POFA 2012 . Is this arguement
valid.
2/ No evidence whatsoever sent . Breach of POFA and BPA rules
3/ No evidence of right to issue or contract with landowner.
4/ Does not stipulate wether fine is damages or contractual. This is not Vat compliable I think.
5/ Fine of £100 does not reflect landowners loss.
6/ No time period for alleged offence mentioned only time PCN was issued.

Have sent them letter saying we had no knowledge of PCN and we require more information.

Need advice on all above and how to proceed.
Regards Frustrated

Coupon-mad

Have sent them letter saying we had no knowledge of PCN and we require more information.

But you need to send them an appeal (if that's all you said then that is NOT an appeal). So follow it with the template first appeal in the NEWBIEs sticky thread or adapt it to add and include your points 1 and 6 which are extra to the usual 3 main appeal points.

warddru0455

Thanks for your prompt reply.

Did include a line in the letter stating though we knew nothing about the PCN this letter would be the start of our appeal. Sent by registered post. Awaiting reply.
Will definitely send another letter today using the appeals template,
Regards

bazster

I hope you haven't identified the driver in your appeal otherwise you've wasted the 75-days c0ck-up they've gifted you.

All you need to say to them is "You've blown it for POFA 2012, the keeper is not liable, sod off and pursue the driver, and no I'm not telling you who that was".

The_Slithy_Tove

Another breach of BPA CoP is that a PCN must be issued in a reasonable time. 75 days is not reasonable.

Custard_Pie

Can't blame them for trying. BPA won't do anything and neither with DVLA. PPC's are a law onto themselves. By using the scattergun approach, more than one poor sap will pay up through ignorance or threats of court action.

warddru0455

Thank you all for your support.
Nothing revealed. Next letter is to inform them that they are in breach of several codes and keeper need not comply. Inform to stop harrasing keeper.
From the replies I take it the 56 day rule is valid??? ? Another opnion reqd on that
. Pofa 2012 has the info but is in legal jargon.
Regards Keeper.

bod1467

If a windscreen ticket (notice to driver) was affixed (or alleged to have been) then the Notice to Keeper must arrive no earlier than 28 days after the NtD (so day 29) and within 28 days thereafter (so day 56).

warddru0455

Decided to Attack. Not in our nature to faff about. Hope we do not regret it !!!

KBT Cornwall t/a Armtrac Security Sevices



To whom it may concern

I have received a formal demand notice from you for the driver of vehicle reg. ****** on ***** at ****** car park, ******. I am the registered keeper of the vehicle and am appealing against the notice to keeper ref - ********, this is due to the following reasons: -

1. The signage is insufficient to form a contract with the driver at the time of purported issue of PCN. Please provide plan of signage, which was in place at the exact time of alleged incident. Recent additions/ alterations to signage do not apply.

2. I do not believe that Armtrac hold sufficient rights to the land to offer parking at 'Discovery Quay' and I need to see proof of this.

3. The sum sought is not representative of any loss to the landowner flowing from any breach of parking terms and is therefore an unenforceable penalty. Supply all breakdowns of loss to landowner, costs incurred etc.

4. Please note that as your notice to keeper was received outside of the 56 day, time limit laid down in schedule 4 of the Protection of freedom act 2012/2013, you can no longer invoke registered keeper liability for this charge.


5. No evidence of issued PCN ******-notice in-situ on vehicle. Your notice to keeper was first intimation of said PCN to the registered keeper.

6. No evidence of vehicle actually being sited in said car park.

7. NO evidence that there was NOT a valid parking permit ticket showing if indeed vehicle was in the car park.


8. NTK does not specify time period, which alleged offence occurred, only time the alleged PNC was issued. Once again contravening POFA 2012 and BPA code of practice.
9. NTK does not specify whether money demanded is damages or contractual. This contravenes H.MG. VAT laws.

On the basis of the above, which contravene POFA 2012 or BPA code of practice I request you cancel the parking charge.

Please send details of next step in your appeals procedure

Please be advised I have already raised this issue with the B.P.A., D.V.L.A. ,Trading Standards , Information Commissioner and the VAT Compliance Dept.

[FONT=&quot] Signed[/FONT]

bazster

Oh dear, that's gonna spoil Mike "Binman" Cooke's morning! :T

bod1467

It's 2012, so no need for /2013.

And check the punctuation in your appeal - no point in dropping to the grammatically- inept depths adopted by PPCs.