KBT Cornwall Ltd t/a Armtrac Security

Le_Kirk

Joe_Blocks wrote: »

..... of a parking machine on its own. About the parking machine they wrote....
Unfortunately, as we are NOT the landowner, we do not have access to any records regarding the parking machines.

By parking machine do you mean Pay & Display Terminal (PDT)?
Do you think they have missed out the word NOT, that I have added because otherwise that doesn't make sense.

Joe_Blocks

no it says that in black and white........Unfortunately, as we are the landowner


And yes its a pay and display machine in the picture

Fruitcake

Joe_Blocks wrote: »

I can't see an image. Newbies can't post links so you probably need to upload the image to a web hosting site then post the URL here but change http to hxxp. Someone here will then change it back to a live link.

What was the original reason the PCN was issued? Was it for non payment or not displaying a ticket?

If they claim non payment then you use the comment that they can't access Payment machine data, therefore they can't prove no payment was made. If they claim no ticket was displayed then you check their photos to see if the whole windscreen area can be seen. If not you state there may have been a ticket but they took pictures to avoid showing it.

You need to get your own pics of the signs if possible, then use the ones that best support your case. Unreadable, blurred, high up on poles, hidden behind bushes, damaged etcetera.

State that the scammers haven't shown proof that the car was at that car park, nor that the signs were there at the time of the alleged event.

You also need to check whether the NTK is or isn't PoFA compliant.

Joe_Blocks

hxxps://ibb.co/0XqdgQd




The reason for the issue of a ticket from them is "Expired Ticket"
But in the pictures they have sent me i can't see any ticket in the car
what so ever and they took 12 pictures.

Plus may i add i wasn't the driver of the vehicle and i wasn't a passenger.

Le_Kirk

Your link made live: -


https://ibb.co/0XqdgQd

Coupon-mad

in the pictures they have sent me i can't see any ticket in the car
what so ever and they took 12 pictures.

Then they have no evidence to sue you, as they also admit they have no access to machine records.

I would point that out and tell them as they clearly have no evidence, they have no cause of action and from now on, if they elect to keep sending you letters they will be contractually agreeing to pay you £25 to handle each letter which clearly amounts to a course of conduct which represents meritless and unjustified harassment.

Joe_Blocks

Thanks Le_Kirk & Coupon-mad.
But i have a ccbc from the 3rd May as you know... and have to write a defense.
Any help on what to say as i will admit I'm thick and desperately need help please.

Quentin

Joe_Blocks wrote: »

Thanks Le_Kirk & Coupon-mad.
But i have a ccbc from the 3rd May as you know... and have to write a defense.
Any help on what to say as i will admit I'm thick and desperately need help please.

See post 28 and post 29 above!

If you need more help than that then do you have a friend who could assist you?

Le_Kirk

Go to the NEWBIE thread, it looks like this: -

Sticky: **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thank you!

That is a link, click on it, scroll down to post # 2 and then keep scrolling until you see:-

Here are some cases won or in progress:

Here is a defence I suggested for a case where a RingGo app carried forward a default VRN for the wrong car, so that the driver was not at fault and the inaccuracy came from the PPC's app:

There follows about 17 different defence, just pick the one that most closely matches your situation and adapt to suit, adding in bits, especially the bit that Coupon-mad wrote in post # 37.

Coupon-mad

Joe_Blocks wrote: »

Thanks Le_Kirk & Coupon-mad.
But i have a ccbc from the 3rd May as you know... and have to write a defense.
Any help on what to say as i will admit I'm thick and desperately need help please.

Thought you'd already done that.

People here (with no legal knowledge at all) do them in less than an hour, simply by using & adapting the examples in the NEWBIES thread.

Obviously your 'facts' paragraph would be for you to write but you can manage that easily, and add that as the Claimant's SAR shows they have no evidence of the dashboard or the parking machine records, the Claimant has no cause of action.