Armtrac, farce got as far as LBA til PCN cancelled

grayme-m

Just a quick one to say that I've had confirmation from Armtrac that they have cancelled my PCN.

Due to a machine resetting error we had part paid the parking then left a note for them to call us to collect the rest; they preferred to be greedy.

Cue lots of emails back and forth where they kept asking for the driver details which I refused to give, I tried all sorts of approaches found on this and other fora but they just kept saying they wanted their money.

The NTK came several months after the incident, enabling me to tell them that POFA 2012 meant they couldn't pursue the RK in court so they had no claim, they didn't seem to understand and kept on.

On getting the NTK I complained to the DVLA who told me that pursuing a parking charge was grounds to give out my data. They sent me the two requests from Armtrac for my details which helpfully showed that they had asked for them 'to pursue the driver'.

From then on, I told Armtrac that if they pursued me as RK in court, they would be misusing my personal data and requested they delete it in line with Section 10, which they ignored.

Final part was the LBA where I hit back at them and reiterated that a court claim would receive a counterclaim from me and how their debt chasing letter was not legally compliant. This resulted in an email confirming finally they had cancelled the PCN.

Thanks to all that have helped with my queries, especially Coupon Mad

I hope this gives hope to others that are suffering from these predatory ****holes.

The_Deep

They have wasted your time, now waste theirs. Send them an LBA, you do not actually have to follow through, but they do not know that, and it will cost them money to deal with it, freebie here,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/fight

This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose, and have been reported to the regulatory authority by an M.P.

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Coupon-mad

Well done!

The_Slithy_Tove

The_Deep wrote: »

Send them an LBA, you do not actually have to follow through.

That's not exactly seizing the moral high ground, is it? Only send an LBA if you really intend to pursue it.

The_Deep

That's not exactly seizing the moral high ground, is it? Only send an LBA if you really intend to pursue it.

Nonsense, it is a legitimate part of negotiation.

grayme-m

Have you any examples of an LBA achieving anything?

This outfit is so unprofessional they would probably ignore it.

My MP is only out for herself, so I won't bother interacting with her, but I have watched the Parliamentary discussion and hope it produces something.

The_Deep

Have you any examples of an LBA achieving anything?

I have had success with three LBAs, once against Fiat, once against Amazon, once against a letting agent, and, more recently, have a game in play against APCOA.

Indeed I find that most people cave in when I go head to head with them, my landlord coughed up £600 without a wimper. I took a solictor to the Law Society once and got some of my fees back. I AM A TERRIER WITH A BONE.

grayme-m

Apart from your APCOA case (which I don't know anything about), the others do seem to be genuine losses?

Despite the time I wasted on these clowns and the unnecessary distress they caused me, I am not sure that pursuing them legally would be constructive.

Coupon-mad

I tend to agree, not constructive, so instead, go for being DEstructive to their business model.

Complaints to your MP, and to the local Trading Standards about the faulty machines at that site that need investigation, and the fact the PPC then threw threats around to a keeper who was not legally liable...give your MP and TS a copy of the transcript of the Hansard debate on 2.2.18 about the Parking Code of Practice Bill, so they are not left in any doubt about this rogue, putrid, rotten industry.

Make the MP and TS add yours to the complaints they must have had before about Armtrac.