LBC stage but who is my parking contract with?

Surferone

Hi all,
I’ve read multiple threads here and the newbie stuff, and thank all for their input. My position is not unique and relates to a ‘fluttering ticket’ dating back to Feb this year. I’m at LBC stage (bwlegal) and my dispute is with Armtrac here in Cornwall.
My specific query relates to who my parking contract is actually with. I still have my fluttered ticket and note that no company name exist on it at all. Normally, parking tickets have the issuing company/councils name on.
I told Armtrac that I believe they were breaching the 2008 Companies (Trading Disclosures) Regulations Act 2008 for failing to display their trading name on my parking ticket which is a receipt.
They have responded and I quote from today’s mail from them:
‘With Regards to the us being obliged to provide you with a receipt with our company name on, as previously stated we do not own the land or the machines on site we have no control over what is issued from the machines.’
If so, who is my parking contract with and is their mileage here for me in my fightback?

MonkeyRum

Change your post to refer to the driver in the third person. "The driver obtained a ticket with no company name on it".

The contact for parking would be with whoever offered the parking. If there was a sign then it would be the company named on the sign.

Redx

whoever issued the receipt may be important , but the dispute lies between ARMTRAC who issued the pcn and yourself as KEEPER of the vehicle they monitored

BW LEGAL are acting on their behalf

perhaps the landowner issues the tickets by PDT machines ? so ask them to clarify , but usually its the parking company , although in this day and age it tends to be a thiird party app and company who take the money

murky waters ? you betcha


email a SAR to Armtrac and ask for copies of all docs , pictures , data and PDT data pertaining to you and your vehicle

Surferone

I asked for an SAR on June 4th. When 30 days expired I wrote to Armtrac to telling them they had failed in their duty to comply. They sent the SAR a few days later. It was incomplete and imply contained my email communications, the pictures they too when issuing the SAR.
They refuse to give me a copy of the land owners contract (as expected) and said they don’t own the ticket machines.
If it goes to court they will have to provide evidence that they can pursue me. In the meantime I’ve also responded to the LBC with a typical letter rebutting their LBC for not complying with the 2107 Pre Action Protocols. They’ve ignored it and I continue to get roboclaim emails.
I also wrote to my MP who responded immediately sharing my concerns and offered to be involved.
I’m not sure quite what he could do and now it’s simply a matter of whether Armtrac want to test this all in court.

Coupon-mad

They refuse to give me a copy of the land owners contract (as expected) and said they don’t own the ticket machines.

Both are fair as a reply.

The landowner contract isn't your data but it has to be produced in court evidence later.

Redx

Surferone wrote: »

I asked for an SAR on June 4th. When 30 days expired I wrote to Armtrac to telling them they had failed in their duty to comply. They sent the SAR a few days later. It was incomplete and imply contained my email communications, the pictures they too when issuing the SAR.
They refuse to give me a copy of the land owners contract (as expected) and said they don’t own the ticket machines.
If it goes to court they will have to provide evidence that they can pursue me. In the meantime I’ve also responded to the LBC with a typical letter rebutting their LBC for not complying with the 2107 Pre Action Protocols. They’ve ignored it and I continue to get roboclaim emails.
I also wrote to my MP who responded immediately sharing my concerns and offered to be involved.
I’m not sure quite what he could do and now it’s simply a matter of whether Armtrac want to test this all in court.

write back and insist on copies of any windscreen pcn and any NTK pcn posted to the keeper at the time, plus any reminders


if they fail to supply these, complain to the ICO

Surferone

They said they didn’t need to send a NTK as I provided them with my details at the appeal stage. That was before I knew these forums existed...
Having overturned a Parking Eye ticket some years back I was confident of doing the same with Armtrac. Not so, it seems.
I don’t want to name the car park involved in case these mails are being scanned by PPC’s, but I have photographed the signage and it refers on two separate signs that ‘penalties’ are involved which should help me in my defence if it gets that far, that and the recent Southampton District Court decision to throw out a bwlegal claim or attempting ‘double recovery’.

Redx

surely they sent you a pcn in the post ?

if so , they should copy it and send it to you in the SAR , because you asked for all documentation

your last reply seems to indicate that you reacted to a windscreen ticket and did not wait for the postal notice to arrive, falling into their trap

depending what you said will depend if the driver was outed or not

Surferone

Yes naive but it’s done.

Redx

shame , a keeper with an NTK and POFA is in a far better position than any admitted driver

once a driver has reacted to a windscreen notice then they dont get VRM keeper details from the DVLA and they dont send out any NTK

BUT THAT DOES NOT MEAN YOU WONT WIN, BECAUSE AN ADMITTED DRIVER IS ALSO A WITNESS ON THE DAY AND CAN NARRATE WHAT HAPPENED , WHY , PLUS ANY ISSUES WITH SIGNS THAT SAY PENALTY ETC


your parking contract was with the business named on the signs


your payment contract for the ticket was with whoever owns the payment platform , be it a PDT or an app on a phone

Surferone

Thanks for clarifying. Yes, the signs clearly say penalty charge. In the picture Armyrac took of my vehicle the signs cannot be seen due to other parked vehicles.