Parking Charge - Armtrac

NFA

I forgot to mention. I have a new POPLA verification code that was supplied by Armtrac. It now says that I have 28 days remaining in which to appeal.

Parking-Prankster

NFA wrote: »

I forgot to mention. I have a new POPLA verification code that was supplied by Armtrac. It now says that I have 28 days remaining in which to appeal.

[Edit - oops - I see you already promised to do this - thanks!]


As per my latest blog, is there any chance of emailing a copy of the letter and envelope to [EMAIL="prankster@parking-prankster.com"]prankster@parking-prankster.com[/EMAIL]


The Royal Mail fraud department can then use this to find out exactly why mail is arriving late when posted in Cornwall.


http://parking-prankster.blogspot.co.uk/2014/12/armtrac-postal-problems.html

NFA

Parking-Prankster wrote: »

[Edit - oops - I see you already promised to do this - thanks!]


As per my latest blog, is there any chance of emailing a copy of the letter and envelope to

The Royal Mail fraud department can then use this to find out exactly why mail is arriving late when posted in Cornwall.

I sent you an email with the letter attached. I will send the envelope copy later on this evening.

Coupon-mad

NFA wrote: »

I forgot to mention. I have a new POPLA verification code that was supplied by Armtrac. It now says that I have 28 days remaining in which to appeal.

Bet they didn't say sorry!

I just thought, presumably your wife appealed as driver, so you will have to delete point 3 as you cannot argue POFA & no keeper liability when you've said who was driving.

NFA

Coupon-mad wrote: »

Bet they didn't say sorry!

I just thought, presumably your wife appealed as driver, so you will have to delete point 3 as you cannot argue POFA & no keeper liability when you've said who was driving.

She never actualy said that she was the driver in the last letter, because in actual fact, she wasn't. She did say "my vehicle" though. And that isn't actually true. It's a borrowed vehicle from my brothers work place. Not sure if that changes anything.

So what should I pull out/edit?

Coupon-mad

Oh good, she didn't say she was driving then (''my vehicle'' is fine!). And I bet they never sent a Notice to Keeper to the keeper (your brothers work place)?! They won't have done, because they just got excited about having an appeal letter in straight away, hoped you were victims who would pay up, and didn't notice that the appellant wasn't the driver!

So assuming she was the passenger then(?) point 3 could be:


3. Failure to invoke Keeper Liability under the Protection of Freedoms Act 2012 (the POFA).
I was not the driver, I was merely the passenger but Armtrac never asked or established who was driving. However, I have the right to appeal to POPLA because I was the 'keeper' that day (under the POFA definition) as I had borrowed the vehicle from a relative and was in charge of it that day, albeit not driving. So I have only ever appealed as keeper. Yet Armtrac have failed to establish 'keeper liability' as they overlooked the small matter of issuing a Notice to Keeper, which is a prescribed document under the statute. Without that - having neglected to establish who was driving - they have failed to meet the 'second condition' for keeper liability in Schedule 4 and I cannot be held liable now, since they have wasted so much time delaying my POPLA code that they have timed themselves out, beyond day 57.


Some typos and tweaks:

''...foresight to have stipulated a protocol for such an event rather than relying upon the driver to assume the protocol. ''

[FONT=&quot]As you can see in the photos attached at the pay point, the maximum fee is £4.90. Considering that all of KBT Cornwall Ltd[/FONT][FONT=&quot] (Armtrac) signage consistently refers to the “vehicle”, it would be fair to deduce that the maximum fee stipulated on the pay machine of £4.90 is “per vehicle”[/FONT][FONT=&quot]. That is the amount that was purchased for the said vehicle on the day that the PCN was issued. Furthermore, had there been a second ticket attached to the said vehicle, would that have absolved the supposed offence of being parked outside of the marked bays? This appears to be a very deliberate blurring of the rules in order to impose an unreasonable charge.[/FONT]

Armtrac failed to respond to my initial appeal within the 35 days promised in their letter dated XXXXX. They in fact took 57 days to respond and consequently, by the time their response was received, the POPLA verification code had only 1 day before expiration, meaning that there was not enough reasonable time to assemble an appeal. I had to complain to the BPA, who ordered Armtrac to issue a fresh POPLA code to me and others similarly disadvantaged by their sharp practice. Having read of numerous similar cases, I believe that Armtrac are deliberately using this delaying tactic in order to avoid having disputes brought against them and in doing so are making a mockery of the entire appeals process. This has been raised with the POPLA Scrutiny Committee by an interested person, this week.

4consumerrights

NFA - can you post up your appeal please for review before submitting.

Armtrac do seem to have difficulty in calculating their GPEOL - they change their loss statements practically weekly.

It is contracdictory to state no signs were seen when a ticket was purchased !!!!

NFA

Should I post my wifes initial apeal here so that you can check what she has written?

NFA

4consumerrights wrote: »

NFA - can you post up your appeal please for review before submitting.

Armtrac do seem to have difficulty in calculating their GPEOL - they change their loss statements practically weekly.

It is contracdictory to state no signs were seen when a ticket was purchased !!!!

My appeal is on page 1 at the bottom. Although it does sound like i need to take some of it out.

NFA

This is my wife's first appeal. I guess it does change things?

Dear Armtrac Security Services, K.B.T Cornwall Ltd.

I am writing to appeal a parking ticket I received on 18.09.2014. The ticket states my vehicle was causing an obstrucion and when I called your comany, I was informed that becasue my vehicle was parked overlapping into a second bay it was therefoore considered an obstruction.

We had been moving around the Cornwall area and parking in many different carparks over the region. We were vigilant to read all signs and paymentinstructions in every car park we stayed in, as we did in the Sennen Beach carpark. We paid our ticket for a full day and the notice did not specify that the price was per bay. The price given was only per vehichle. In other car parks, where the price was per bay this was specifically noted on the payment instructions, examples of this are Perranporth, Newquay and Lizzard. If this had been written on the notice we would have quite happily paid for the two bays, as we had in other car parks. We paid the maximum amount allowed per vehicle to ensure we would not receive a ticket!

The parking attendant has noted on our ticket „PARKED IN TWO BAYS BOUGHT ONLY ONE TICKET“ - The fact that this had to be noted on the tickets leads me to believe this was not an obvious obstrucion. We did not pbstruct the route for other drivers, not were we obstructing any entrances/exits or pathways. The car park was also only half full, meaning we were not causing an obstruction to otherdrivers looking for an empty space.

I would very much appreciate it if you could reconsider this ticket.

Many Thanks,