Penalty Charge Notice issued at Sennen Cove Beach car park for not displaying a valid ticket

69jase

HateVCS ... my sentiments exactly. The Parking Officer even gave me advice both to avoid it happening again (i.e. using an old CD case, rather than just telling me that it should have been stuck to the window blah blah blah) and to send a copy of the front and back of the parking ticket, but not to send the original as part of the appeal.

I was also discussing this issue with one of my business contacts that is a chemical engineer and he has advised me that the type of adhesive used for parking tickets is far from fool proof when sticking them to glass.

69jase

Update …

the threats have, as expected, commenced. I have received two mail and an email correspondence from Armtrac’s ‘Legal Team’ – BW Legal. The first letter was accompanied by a cover letter from Armtrac to inform me that the matter had been passed on to their ‘Legal Team’. The enclosed BW Legal letter threatens to ‘… seek Our Client’s instructions to commence legal proceedings against you in the County Court upon being served with a Letter of Claim …’. In addition, the letter states … ‘As you have failed to make a payment or raise an appeal with 28 days from the date of the PCN, the Balance Due remains outstanding and we require payment in full within 16 days …’. However, I had submitted an appeal, which they obviously rejected. I assume they meant ‘… raise a successful appeal …’; very lax!

The second letter is a Letter of Claim in which they state that they have been instructed by Armtrac to commence legal action in the form of issuing a claim against me in the County Court in respect of the debt, that if payment or a response is not received within a month’s time, then they are instructed to issue a Claim against me in the County Court without further notice, and if I dispute the debt, to tell them why so that that they can help resolve the matter.

I am assuming to continue treating this has further threats at this stage and to ignore?

KeithP

69jase wrote: »

The second letter is a Letter of Claim in which they state that they have been instructed by Armtrac to commence legal action in the form of issuing a claim against me in the County Court in respect of the debt, that if payment or a response is not received within a month’s time, then they are instructed to issue a Claim against me in the County Court without further notice, and if I dispute the debt, to tell them why so that that they can help resolve the matter.

I am assuming to continue treating this has further threats at this stage and to ignore?

That second letter, the Letter of Claim, should not be ignored.

Letter of Claim is just another name for a Letter Before Claim, a Letter Before Action, etc, and you should react to it as described in the first few paragraphs of post #2 of the NEWBIES FAQ sticky thread.

69jase

Many thanks KeithP.


I'll get on with the SAR and a response to BW Legal.


In terms of the SAR, in addition to the suggested information to request, would you also suggest requesting notes from the parking officer?


For the letter of response to BW Legal, in addition to clearly outlining why I feel I do not owe the debt (as I have outlined in part through this thread), should I offer to pay a reasonable admin cost for the issuing of the ticket, etc.?


Cheers.

Umkomaas

In terms of the SAR, in addition to the suggested information to request, would you also suggest requesting notes from the parking officer?

If there's the potential that it holds details about your vehicle's VRM (that's deemed to be personal data), then it's fair game!

KeithP

69jase wrote: »

For the letter of response to BW Legal, in addition to clearly outlining why I feel I do not owe the debt (as I have outlined in part through this thread), should I offer to pay a reasonable admin cost for the issuing of the ticket, etc.?

No, definitely not.

Umkomaas

should I offer to pay a reasonable admin cost for the issuing of the ticket, etc.?

Admission of some element of liability? Will no doubt blow up in your face.

69jase

Cheers KeithP.


Does the following seem reasonable in terms of a response?




Dear Collection Team,


I am writing in response to the Letter of Claim dated [date]. In response to the Letter of Claim, I dispute the debt for the reasons outlined below.


[outline of reason for disputing the debt]...


In summary, I purchased a valid ticket for the day at a cost of £5 and therefore the land owner was not ‘out of pocket’. Furthermore, I paid for the ticket via credit card, showed the valid ticket to the Patrol Officer after the PCN had been issued, and the serial number on the back of the ticket on my dashboard in the photograph taken by the Patrol Officer, matched the serial number on the front and back of the ticket in the photograph I submitted with the appeal. Therefore, this demonstrates that a valid ticket had been purchased.


Finally, as I have sent a SAR to Armtrac Security Services, I therefore request a restriction of data processing and that the case should be put 'on hold'.

KeithP

Dear Collection Team,

I am writing in response to the Letter of Claim dated [date]. [STRIKE]In response to the Letter of Claim,[/STRIKE] I dispute the debt for the reasons outlined below.
.
.
.

Duplication there.

69jase

Thank to all again.

I have now also drafted the following SAR. Would this be appropriate? Any further advice is much appreciated. I've got the bit between my teeth now!

F.A.O Data Protection Officer
KBT Cornwall Ltd t/a Armtrac Security Services

[date]

RE: Subject Access Request (Data Protection Act 2018/General Data Protection Regulations (GDPR))

Dear Data Protection Officer/Other Relevant Person,

I am writing in response to the Letter of Claim I have received relating to the PCN issued at Sennen Cove on the [date] (PCN Reference: *********).

Please supply the data about me that I am entitled to under data protection law relating to myself, in particular:

all photographs taken.
a close up of the signs on the day in question.
all notes from the Patrol Officer.
evidence that you have paid a debt collector/Legal Team.
all letter/email correspondence (both sent and received).
a PDT machine record of payments made from that day.
all other data held and evidence you will reply on, including a full copy of the PCN, NTK.

As you may be aware, data protection law requires you to respond to a request for data within one calendar month. The Information Commissioner’s Office can assist you should you need advice on dealing with this request; e: ico.org.uk; t: 0303 123 1113.

Yours faithfully,

In addition, considering Armtrac's response to my query following my appeal being rejected relating to the matching serial numbers on the photographs taken by the Patrol Officer and my photograph of the front and back of the valid ticket, i.e. as they are not the landowner they have no access to the pay and display machines, I was considering in my complaint letter to the Sennen Cove Harbour Commissioners (landowners) also requesting a PDT machine record of payments made from that day. However, it appears most Port Authorities are not subject to the Freedom of Information Act 2000?

Cheers again.