ARMTRAC Sennen top PCN

Paul-T951

Hi, I’m a starting this thread so I have something to update as I go. I’ve read the relevant info in the NEWBIE thread and looked at other similar cases.

Overview: on 5th August 2019 I parked at Sennen top car park in Cornwall and paid for my ticket. When I returned I had a PCN and found the ticket on the floor of the car, it must have blown off the dash. I emailed ARMTRAC the following day with a photo of my ticket, thinking that would be the end of it. No such luck, they came back and said it still needed paying as it was not displayed sufficiently. I did not respond and now have a final letter before debt recovery or court action.

So far I have not sent a template letter (I’ve contested a couple of these before with BPA members and won through POPLA). Would you advise I send a template letter now laying everything out (font sizes on the signs, proof of loss of earnings etc), or await the small claims court letter as it seems contesting at this stage with IAS members is pretty pointless?

Thanks

Umkomaas

Would you advise I send a template letter now laying everything out

Depends what you've already said to them in your email.

Paul-T951

This was the first email I sent:

Hi, yesterday on the 5th August I parked at Sennen Top Car Park at which I purchased a ticket and placed it on the dashboard. When I returned to the car I found a parking ticket and realised the car park ticket had fallen to the floor.

As you can see from the attached photo I purchased the ticket at 11:53 and the parking notice was written at 14:36. I assume that this can simply be cancelled as the ticket had been bought and displayed, it simply fell off the dashboard.


It hadn’t occurred to me to search this forum at the time or use a template letter as it seemed so cut and dried - I had paid for a ticket after all and had proof of that. With hindsight I should have!

Coupon-mad

Oh dear. You blabbed about being the driver. Ouch. That threw away a defence point.

Come back at court stage, like all the other Armtrac cases, as this cannot be won at 'appeal' because the IPC forums offer no real/fair process, as the NEWBIES thread post #3 already tells everyone.

Paul-T951

Thanks, yeah I know, like I said I thought it wouldn’t be contested! Naive I know. Thanks, I read that but as I hadn’t sent a full defence letter already I wasn’t sure if it was a good idea to do so prior to any proceedings, to show I’d done my due diligence. Cheers for the response.

nosferatu1001

Dont send anything until you get a letter before claim OR a court claim form
Instructions on dealing with BOTH eventualities are in the newbies thread, which you should bookmark and refer to *First*.

Paul-T951

Is a letter before claim different to ‘final letter before debt recovery or court action’, which I have received? Sorry but I’m not sure if there’s a difference.

Coupon-mad

Yes a LBC gives 30 days and talks about the PAP for debt Claims, and reply forms. If I were you I'd be reading other Armtrac Sennen threads now, to see what to expect and who from, and to see good defences already penned.

Paul-T951

Hi folks, well after over a year i thought this might have gone away but no, I’ve just received a LBC. As advised in the newbie thread I have sent a SAR to Armtrac and have emailed the solicitor (BW Legal) for a 30 day extension. So looks like this is going to court, is there anything I should be doing now to prepare or just wait for the SAR? Many thanks 

D_P_Dance

Fluttering tickets are regarded by many judges as a waste of court time, read these

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

https://www.google.com/search?q=fluttering+ticket+MSE&oq=fluttering+ticket+MSE&aqs=chrome..69i57.27154j1j15&sourceid=chrome&ie=UTF-8

nosferatu1001

Newbies thread gives you your complete - complete - what happens when list. It is always your first port of call.