Armtrac Security Sennen cove car park at it again

Muddytrax

I recently visited the gorgeous Sennen Cove in Cornwall, parking in the "top car park" paying a fee of £4.00 to park all day, I used the sticky pad to adhere the newly purchased ticket to the dashboard, at some point during the day the ticket fell onto the floor and when I returned at 1700 a ticket had been issued, I contacted ARMTRAC immediately with a photo of my purchased ticket I got a generic response to fill out the "appeals" form which I stupidly did provide my details thinking I was doing the right thing! Obviously being an internal appeal and a small company they refused my "appeal" and have requested I make payment of £60.00 or £100.00 if not paid in 14 days.

My response to this "appeal" is as follows:

To Whom It May Concern:
Thank you for your response to my “appeal” I am writing to inform you that I will not be taking this “appeal” any further with the IAS given that you have issued me with an invoice not a council enforceable PCN which I have had in the past for similar reasons addressed in my previous response to you, which has been accepted as proof of payment and overturned. (ticket blew off the dash when I closed the door)

As the land owner for the car park is at no loss for parking fees and this was proved within 24 hours of receiving the ticket ARMTRAC are at no loss other than the cost of ticket materials, I had seen the parking warden at 1430 who had done a round of the car park and had seen my vehicle with a ticket displayed, I went back to have lunch and check that my vehicle was safe before returning to the beach leaving the ticket on display, by leaving my ticket on display I have adhered to the contract of a pay and display car park.
I live in the vehicle I have to keep it cool given that temperatures have been at an all time high this year I had to leave my windows and roof vents open to ensure equipment in the van would not sustain damage.

I am willing to offer ARMTRAC security services a payment of £10.00 to cover ticket materials.
I have no fixed abode and the address provided is for mail purposes only! I am informing you that I WILL NOT BE MAKING A PAYMENT OF £60.00 or £100.00 regardless of the time frame, neither will I communicate with 3rd party debt collection agencies as they are not enforceable unless instructed to do so by a CCJ therefore if you are unwilling to accept a payment of £10.00 to cover materials I would recommend you take me to small claims court as soon as possible to resolve this issue, however I will be leaving the country for a period of 2 years within the next 90 days.

To summaries I am refusing to pay this invoice on the following grounds:
• Poor signage
• The land owner is at no loss due to the fact I have purchased a day ticket a copy of which has been provided to
ARMTRAC
• Extreme weather conditions which meant I needed to leave my windows open to ventilate the vehicle
• A charge of £60.00 or £100.00 is unjustified for the time and expenses to ARMTRAC given a ticket has already been
purchased
• I entered my registration into the machine upon the purchase of a ticket which should be information available to your
staff when conducting checks

If you would like to accept £10.00 to cover materials, please provide me with a sort code and account number within the next 7 working days.
If I do not receive correspondence within the next 7 working days regarding account details I will not correspond with ARMTRAC or any 3rd party debt collection agencies until I receive correspondence from the small claims court.
Kind Regards,

Has anyone reached this stage with this firm of cowboys before where they have offered a partial fee for ticket costs? If not has anyone had court action bought against them by this company? I'm no legal professional but I am lead to believe if you offer a partial payment when going to small claims court it is more likely their case will be dismissed if there has been an offer of "partial payment" if it covers the companys loss. Thanks in advance!

Umkomaas

Has anyone reached this stage with this firm of cowboys before where they have offered a partial fee for ticket costs?

Quite a few across the range of PPCs, not Amtrac specific. Hardly anyone (to my knowledge) is successful in the approach. I don't rate your chances!

If not has anyone had court action bought against them by this company?

http://www.parkingappeals.info/companydata/KBT_Cornwall.html

I'm no legal professional but I am lead to believe if you offer a partial payment when going to small claims court it is more likely their case will be dismissed if there has been an offer of "partial payment" if it covers the companys loss.

Really, which pub did you hear that in? Seems to me that that approach is an admission of culpability - but, there again, neither am I a legal professional!

Bananna44

Hello, we have the same problem, we parked there a couple of weeks ago, the ticket must have blown over so it was upside down and they gave us a fine. We assumed this would be cancelled when we sent them proof that we paid for a ticket but no, I phoned them to ask them to be reasonable and ethical she just kept asking for payment. So angry, I've googled it these !!!!!!!s seem particularly evil. On the land owners website there is a big thing in capitals and yellow warning that you will get a fine if your ticket blows over and it is windy in Cornwall so they are obviously aware of the problem but don't want to do anything about it.

Paul-T951

Hi, I’ve recently had a ticket for the same reason, my parking ticket fell on the floor. Did you manage to contest it and if so what did you do? Thanks in advance.

Coupon-mad

What is unclear about the answer I just posted on today's new thread about this scam site? No need to bounce really old threads and we already know from experience what happened (unless the victim caved - don't be that numpty please!).

We win 99% of well defended cases in court and this is where this scam is beaten, not on appeal (no such thing) so we KNOW it wasn't cancelled on 'appeal'!

Paul-T951

Ok thanks, I hadn’t seen that thread, sorry. I did already appeal promptly with a photo of my ticket etc and received the stock “your contract was to display the ticket and it wasn’t displayed” response. I’ve now received my final notice before court proceedings letter. As I’ve already set my case is it worth replying to this or wait for the summons?

And this may be a silly question but I have no experience with small claims court. Would I have to travel to Cornwall if it comes to that? I live in Leeds, so this would be a major hassle. Or would it be somewhere local to me?

Thanks in advance, I know you’re really busy and I did do a good search around before posting but couldn’t find any thread with an actual conclusion of what worked, only suggestions.

Fruitcake

Paul-T951 wrote: »

Ok thanks, I hadn’t seen that thread, sorry. I did already appeal promptly with a photo of my ticket etc and received the stock “your contract was to display the ticket and it wasn’t displayed” response. I’ve now received my final notice before court proceedings letter. As I’ve already set my case is it worth replying to this or wait for the summons?

And this may be a silly question but I have no experience with small claims court. Would I have to travel to Cornwall if it comes to that? I live in Leeds, so this would be a major hassle. Or would it be somewhere local to me?

Thanks in advance, I know you’re really busy and I did do a good search around before posting but couldn’t find any thread with an actual conclusion of what worked, only suggestions.

You won't get a summons as this is not a criminal case.
would attend your local court as long as you are not a business and follow the guide from this site.

However, you really should read the sicky thread for NEWBIES and other recent threads about this car park and flipped tickets, then start your own thread if you need further help, not hijack someone else's old out of date thread.

nosferatu1001

Read the newbies thread, post 2, and understand it.
We cannot give you a definitive answer that will work every time.

nosferatu1001

Read the newbies thread, post 2, and understand it.
We cannot give you a definitive answer that will work every time.

Paul-T951

OK thanks, I had no intention of hijacking the thread, I just wanted to ask the OP how it turned out for them. Maybe should have PM’d them. I’ve had a couple of these overturned in the past but with BPA members and it sounds like this lot are a different ball game. Thanks for your responses, it’s appreciated.

Coupon-mad

It is a different ball game but we know how to play and win, and you can join in!