Armtrac

RyanJT

Armtrack security recently started enforcing the parking arrangements at the flats i live it, each flat has 1 marked parking bay used with a residents parking permit, there are also 3 unmarked bays for second cars and 1 bay which is used by the local Army cadet force on a monday night between 19.00 and 21.00 on parade night. The only sign in this bay says the name of the unit and the time of the parade on monday night. There are no signs saying no parking in this bay at other times of the day and the Cadet commander is happy for people to park there and is unaware of any rules saying we're not allowed to park there and people have done so since the flats were built.

But this morning i got a ticket for unauthorised parking even though i was displaying a residents parking permit, our marked bay had my girlfriends car parked in it hence why i couldn't park there.

Im going to contact Armtrac with the IPC appeals letter from the newbies thread as the registered keeper of the vehicle. Now the notice on the back of the PCN says all appeals must be made within 21 days of the charge notice, is it best to wait the full 21 days or send the letter in sooner and is it best to email or post the appeal?

Dear Armtrac security

Re PCN number:

I am not ignoring your charge for a purported parking infraction. As this is purely a charge (not a statutory penalty) issued under a purported contract and the driver has not been identified, I require the following information so that I can make an informed decision:

1. Who is the party that contracted with your company for the provision of their services? I require their contact details.
2. What is the full legal identity of the landowner?
3. As you are not the landowner please provide a contemporaneous and unredacted copy of your contract with the landholder that demonstrate that you have their authority to both issue parking charges and litigate in your own name.
4. Is your charge based on damages for breach of contract? Answer yes or no.
5. If the charge is based on damages for breach of contract please provide your justification of this sum.
6. Is your charge based on a contractually agreed sum for the provision of parking? Answer yes or no.
7. If the charge is based on a contractually agreed sum for the provision of parking please provide a valid VAT invoice for this 'service'.
8. Please provide a copy of the signs that purportedly were on site which you contend formed a contract with the driver on that occasion.

If you believe you have a cause of action, send a Letter before Claim within the next 21 days and I will take advice and will respond.

In my opinion, there is a better alternative than legal proceedings, namely that we utilise the services of a completely independent ADR service suited to parking charges. This does not include the IAS appeal service - which lacks any transparency and possibly any independence from the IPC - unlike the alternative offered by the British Parking Association, POPLA, which is transparent and has been shown to be independent.

Do not send debt collector letters and do not add any costs or surcharges. I will not respond to those, so to involve another firm would be a failure to mitigate your alleged loss. In any case, the addition of any debt collector 'costs' is not my liability because the POFA 2012 can only potentially hold a registered keeper liable if certain provisions have been met and even then, the 'amount of the parking charge' is the only amount pursuable.

Yours faithfully,

Registered keeper of the vehicle

Redx

depends by what method you can appeal it, but say day 18 or 19 by post as its deemed arrived 2 days later, 1st class post with a free cert of posting from the PO counter

day 19 or 20 if appealing online

either way, they will likely dismiss your appeal, possibly offer the IAS and its likely you will fail there too

so you are probably going through the motions , unpalatable but thats the way it is as the NEWBIES sticky thread tells you about IPC members - kangaroo court, rigged outcomes , they just want your money

Coupon-mad

I would take your name off that post or the PPC will see it - this is a public forum. Either that or we'll think you are that actor from Corrie...

RyanJT

Thanks for that, im sure the letter will be dismissed outright, reading other threads about this company it seems to be the standard response from them. Is it better to send it by post or email or does it not really matter either way?

Is it worth even going down the IAS route, the general consensus is that its abit of a kangeroo court thats far from independent and fair?

Redx

RyanJT wrote: »

Thanks for that, im sure the letter will be dismissed outright, reading other threads about this company it seems to be the standard response from them.

1) Is it better to send it by post or email or does it not really matter either way?

2) Is it worth even going down the IAS route, the general consensus is that its abit of a kangeroo court thats far from independent and fair?

1) impossible to say, its not as if we have a poll with feedback from people being sc@mmed by them who report back like on ebay after a purchase

a letter keeps a paper trail, if you get the FOC at the PO , better for court

2) this has been debated hotly since the IAS started, some say do it, others say dont, each have their own arguments , just like the Brexit argument

you seem to want definitive answers , there are none, only opinions, which on here and on pepipoo vary enormously

this topic is shades of grey, rarely do we see black or white , which is why this forum is so busy

I am with CM on this one , but even parking prankster blogged about it not too long ago, plus he reiterates that same advice a lot in his comments on IPC members and court cases

RyanJT

yeah im aware there are no definitive answers when it works case by case, hence why im greatful for your advice. A paper trail certainly seems like the wya to go as i expect it will end up in court at some point, will get the letter ready to go around day 18-19 as you suggest.
Will try and get hold of the manager of the building tommorrow to see what they have to say for themselves in the mean time

The_Deep

The only result which matters is that a court dismisses a claim. In this case, given your evidence, I would suggest the PPC would be daft to issue one, especially if you warned them that, should they do so and lose, you would be claiming for your time.