*Notice of intended court action* -CPM parking fine

cbatson1969

Great to read your advice.
I received a PCN from Armtrac because ticket had fallen off dash onto drivers seat. Their problem is me.
- They have a flawed appeal system as they do not allow for proper dispute of evidence.
- They have uploaded weak device evidence photos; none of interior. Legally I have to pay and display, I did and have my own photo evidence.
- My ticket is evidence of ' invoice' paid in full.
- Armtrac will not be able to prove who the driver was. I have no fear of Credit application issues due to my current context.
Bring it on Armtra; I will submit a simultaneous appeal and complaint. Corporate bullies

Lamilad

cbatson1969 wrote: »

Great to read your advice.
I received a PCN from Armtrac because ticket had fallen off dash onto drivers seat. Their problem is me.
- They have a flawed appeal system as they do not allow for proper dispute of evidence.
- They have uploaded weak device evidence photos; none of interior. Legally I have to pay and display, I did and have my own photo evidence.
- My ticket is evidence of ' invoice' paid in full.
- Armtrac will not be able to prove who the driver was. I have no fear of Credit application issues due to my current context.
Bring it on Armtra; I will submit a simultaneous appeal and complaint. Corporate bullies

Please start your own thread.

chester_mand

There are lots of amazing people here and whenever you are stuck they are here to help!

All of these private parking companies are just a thief!

cbatson1969 wrote: »

Great to read your advice.
I received a PCN from Armtrac because ticket had fallen off dash onto drivers seat. Their problem is me.
- They have a flawed appeal system as they do not allow for proper dispute of evidence.
- They have uploaded weak device evidence photos; none of interior. Legally I have to pay and display, I did and have my own photo evidence.
- My ticket is evidence of ' invoice' paid in full.
- Armtrac will not be able to prove who the driver was. I have no fear of Credit application issues due to my current context.
Bring it on Armtra; I will submit a simultaneous appeal and complaint. Corporate bullies

chester_mand

I am planning my written statement and I'm a bit confused. I'm defending as "NTK" but when I do go to court will the judge ask me to identify the driver of the incident? If so, how do I go about it?

nosferatu1001

No, youre defending a Notice to Keeper AS the Keeper.

If you honestly cannot recollect who was the driver, you can say you honestly do not recall. You can also say you are under no obligation to perform any diligence TO recall this event - unlike a criminal matter under S172 of the RTA1988 where a vehicles keeper is required to perform REASONABLE diligence to work out who drover on a date and time, parliament considered this for POFA2012 but decided against it. It is up to the oeprator to identify the drifver, and not the keeper.

Umkomaas

To add to nosferatu's advice, you need to quote from Henry Greenslade (a leading barrister with a specialism in parking issues) the advice given in the POPLA 2015 Annual Report.

Please read the following blog from The Parking Prankster, especially the 'Prankster Note' section near the foot of the blog. In it are the links you need to be able to understand the issue about any 'presumption that the keeper was the driver'. You can then confidently quote from these. Take copies of relevant paragraphs with you to court.

http://parking-prankster.blogspot.co.uk/2016/11/mr-pickups-fun-day-out.html