Armtrac Security PCN

grayme-m

I have to admit that I've not seen anything about this before now, thanks.

Yiannage

Yes!!! Came signed for........

grayme-m

Yiannage wrote: »

Yes!!! Came signed for........

I finally managed to get them to see sense by confirming that if they followed through with their weak threats, I was hitting them back, hard.

Yiannage

How did you manage to do that?


I'm not sure really what my next step is to be honest.........

grayme-m

Summarised here: https://forums.moneysavingexpert.com/discussion/5811385

I felt aggrieved with them from the start and contrary to popular advice (which I wouldn't feel comfortable suggesting everyone copies me in deviating from), I kept going back to them.

At least at the end, the approach appears to have paid off.

Yiannage

I'm just having a search Coupon Mad - thank you!

Holylemonjuice

Hey guys, this post has been super useful to read. Sorry to hear they are harassing you too. My case is so similar and in a very similar timeline to yours. And I have just received the exact same letter.

In my case the wind must have blown my ticket onto my seat and I still have the ticket as I kept everything. They did actually send me a letter that totally contradicted themselves by stating that "This PCN was issued to the vehicle for the reason of not displaying a valid ticket as the ticket displayed withing your vehicle had expired by 21 minutes at the time of inspection by our patrol officer"

However in response to the recently received letter - exactly the same as the one posed above I did take a look about as suggested and have found the following - Do you think I should send this?

Looking for some advice, many thanks.

Armtrac Security Services
P.O. Box 154
Penzance
TR20 9WD

4th April 2018

To whom it may concern,

I am in receipt of your Letter Before Claim on 19th March 2018.

Your letter contains insufficient detail of the claim and fails to provide copies of evidence you place reliance upon.

You must know that on 01 October 2017 a new protocol is applicable to debt claims. Since proceedings have not yet been issued, the new protocol clearly applies and must be complied with.

Your letter lacks specificity and breaches both the requirements of the previously applicable Practice Direction - Pre-Action Conduct (paragraphs 6(a) and 6(c)) and the new Pre-Action Protocol for Debt Claims (paragraphs 3.1(a)-(d), 5.1 and 5.2. Please treat and therefore[/s[ this letter as a formal request for all of the documents/information that the protocol now requires you to provide.

You must not issue proceedings without complying with that protocol. I reserve the right to draw any failure of the Claimant to comply with the protocol to the attention of the court and to ask the court to stay the claim and order you to comply with its pre-action obligations, and when costs come to be considered.

As solicitors you must surely be familiar with the requirements of both the Practice Direction applicable pre-1st October and the Protocol which applies thereafter (and you, as a serial litigator of small claims, should likewise be aware of them). As you must know, the Practice Direction and Protocol bind all potential litigants, whatever the size or type of the claim. Its express purpose is to assist parties in understanding the claim and their respective positions in relation to it, to enable parties to take stock of their positions and to negotiate a settlement, or at least narrow the issues, without incurring the costs of court proceedings or using up valuable court time. It is astounding that a firm of Solicitors are sending a consumer a vague and unevidenced 'Letter before Claim' in complete ignorance of the pre-existing Practice Direction and the new Protocol.

Nobody, including you, is immune from the requirements and obligations of the Practice Direction and now the Protocol.

I require you to comply with its obligations by sending me the following information/documents:

1. an explanation of the cause of action
2. whether they are pursuing me as driver or keeper
3. whether they are relying on the provisions of Schedule 4 of POFA 2012
4. what the details of the claim are; where it is claimed the vehicle was parked, for how long, how the monies being claimed arose and have been calculated
5. Is the claim for a contractual breach? If so, provide a copy of that contract bearing my signature. Or is the claim for trespass? If so, provide details.
6. a copy of the contract with the landowner under which they assert authority to bring the claim, as required by the IPC code of practice section B, clause 1.1
7. a plan showing where any signs were displayed
8. details of the signs displayed (size of sign, size of font, height at which displayed)
9. Details of the additions to the original charge, what that represents and how it has been calculated.


If you do not provide me with this information then I put you on notice that I will be relying on the cases of Webb Resolutions Ltd v Waller Needham & Green [2012] EWHC 3529 (Ch), Daejan Investments Limited v The Park West Club Limited (Part 20) !!!8211; Buxton Associates [2003] EWHC 2872, Charles Church Developments Ltd v Stent Foundations Limited & Peter Dann Limited [2007] EWHC 855 in asking the court to impose sanctions on you and to order a stay of the proceedings, pursuant to paragraphs 13 ,15(b) and (c) and 16 of the Practice Direction, as referred to in paragraph 7.2 of the Protocol.

Until you have complied with its obligations and provided this information, I am unable to respond properly to the alleged claim and to consider my position in relation to it, and it is entirely premature (and a waste of costs and court time) for you to issue proceedings. Should you do so, then I will seek an immediate stay pursuant to paragraph 15(b) of the Practice Direction and an order that this information is provided.

grayme-m

Save a stamp by emailing them on armtracappeals@gmail.com

Got to love how professional this outfit is.

Holylemonjuice

So you would say this is the right thing to send them?

I am thinking of still sending a letter as I can get work to send it anyway and don't want them harassing me by email too! ha ha

grayme-m

I'm not qualified to say if it's correct, sorry.