Armtrac Security Services at Sennen Cove Strikes Again

ParkingSux

Hello, all. Like many others who have posted on this forum, I too have been struck with a PCN from this private parking company which I mean to contest.

On 21st August 2019 I received a Parking Charge Notice (PCN) at the Sennen Cove hilltop carpark, Cornwall, run and managed by Armtrac Security Services/KBT Cornwall (Private company). Me and my friend parked at the site and my friend paid for a 24hr ticket at the machine at 12:38pm and I placed it on the dashboard. It was a windy day and when we opened the boot the wind must have caught the ticket and blown it upside down, which I didnt notice unfortunately. So when we returned later the same day a PCN had been attached to the side window (at 14:51) stating as the ticket was not fully displayed an invoice is demanded of £60 within 14 days, or £100 in 28 days. I have not yet appealed and have not had correspondence from the company. I have read online and on this forum from people who have also been given PCN's from this company that appealing has always failed and that the company simply use it as a faster means of gaining address to bombard you with demanding letters from themselves, debt collectors and solicitors. They are a member of the IPC so can potentially obtain my details from the DVLA as I understand it. I also understand that charges from private companies are upheld under contract law so can only legally demand payment if a CCJ is awarded. I have also read that this company have taken people to court on the past and increasingly so in the last year. My question is, is it worth appealing at all and if it gets to Small Claims Court, do I have much of a case for winning? I still have the valid ticket and PCN as evidence of time and event etc. The site did have clearly displayed signage, stated that 'Retrospective evidence will not be accepted' and that parking tickets must be fully visible. I understand why a PCN needed to be given as the details were not fully visible, but I hope that evidence of a genuine valid ticket will prove no monetary loss on their part.

Redx

let them issue an NTK, then appeal it with the blue text template , as KEEPER

after that , take your chances in front of a judge , if it gets that far

keep all paperwork and the paid for ticket, take pics of it etc too

Coupon-mad

My question is, is it worth appealing at all

Not in the way you might think. Not to 'win' an appeal, no, because forum opinion and experience tells us that the IAS is widely held by honest victims and those in the know, to be a farce, bent, and biased (allegedly, based on postings of bizarre and skewed 'decisions' all in favour of the scammers).

The point of appealing is to set the scene of yourself as the reasonable party who appealed promptly (no template appeal this time please, not for this one) and showed the scammers a copy of the ticket to prove that the one on the windscreen WAS valid. Doing an appeal like that early on, to an IPC member who you know will sue later on, maximises your chances in front of the Judge later because the common sense/moral decision would likely go in your favour.

and if it gets to Small Claims Court, do I have much of a case for winning?

Have you missed the fact we've had a 99% win rate here for over 2 years?!

ParkingSux

Hi guys,

thanks for the advice. I've written an appeal which does not identify the driver and explains an honest mistake and my reasons for removing the charges. I've never done an appeal before though so I've written it here to see what you guys think and any changes that I should make?

To whom it may concern,

I am writing to dispute the Parking Charge Notice (PCN) received at the Sennen Cove car park on 21st August 2019, located off Cove Road, as the keeper of the vehicle. I declare that the driver of the vehicle on this date is NOT identified.

On this day, me and a friend arrived at the aforementioned carpark for a day at the beach. An ‘all day’ ticket (valid until 23:59pm the same day) was paid for using a debit card at 12:38pm (as displayed on the face of the ticket as shown in Figure 1, below). The ticket was placed on the dashboard in what was believed to be the correct position. When we returned later that day, a PCN had been attached to the car at 14:51pm, stating that the ticket was incorrectly displayed face down.

For evidence of my case, I enclose the following:
Figure 1- Image of parking ticket, valid for ‘all day’ use on 21st August 2019- Front
Figure 2- Image of parking ticket, valid for ‘all day’ use on 21st August 2019- Reverse
Figure 3- Image taken by Parking Enforcement Officer on 21st August 2019 of ticket displayed face down

As can be seen from Figure 1, the Identification Number located at the bottom right of the ticket face matches that seen on the reverse of the ticket (Figure 2) and on the ticket shown in Figure 3. This evidence should prove conclusive enough that a valid ticket was purchased on 21st August at the aforementioned carpark and that no monetary loss was suffered as a result.

If this evidence is not deemed conclusive and this dispute is taken further, I can also provide the genuine parking ticket, proof of transaction and a witness statement. I declare that, as registered keeper, I will not be paying the parking charge.



Hopefully, they'll accept it was just a mistake. But based on the posts Ive seen on this forum and elsewhere, it doesn't seem likely

KeithP

Post #2 above suggested that you send the already written for you blue text template appeal that can easily be found in the NEWBIES thread.

What is wrong with that idea?

That post also suggested that you wait for a NtK before doing anything.

Have you received a NtK?

ParkingSux

Post #2 above suggested that you send the already written for you blue text template appeal that can easily be found in the NEWBIES thread.

I'd prefer to follow the route that Post#3 said and set myself as the reasonable party. Problem is I did make a mistake and I'm arguing that £100 fine is punitive for an upside down valid ticket. Just dont think its best being too aggressive at this point.

Have you received a NtK?

Not yet, but I thought that you should wait to appeal after an NtK for parking companies that arent members of IPC or BPA? Because members of these bodies can get your details through the DVLA anyway? I'm not too sure on the details so please correct me if im wrong.

fisherjim

ParkingSux wrote: »

I'd prefer to follow the route that Post#3 said and set myself as the reasonable party. Problem is I did make a mistake and I'm arguing that £100 fine is punitive for an upside down valid ticket. Just dont think its best being too aggressive at this point.



Not yet, but I thought that you should wait to appeal after an NtK for parking companies that arent members of IPC or BPA? Because members of these bodies can get your details through the DVLA anyway? I'm not too sure on the details so please correct me if im wrong.

You aren't at the stage that Post#3 refers to yet though are you?


Why come here for advice if you know better?

Umkomaas

I think the OP is following Coupon-mad's advice in post #3 of this thread.

The_Deep

I'm arguing that £100 fine is punitive for an upside down valid ticket.

Read this

https://en.wikipedia.org/wiki/De_minimis

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

fisherjim

Umkomaas wrote: »

I think the OP is following Coupon-mad's advice in post #3 of this thread.

Sorry Crossed purposes:o