ARMTRAC Sennen top PCN

Paul-T951

nosferatu1001 said:

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

Thank you and apologies I had not noticed the additional detail in the replies on that thread. I have gone ahead and requested the SAR which has been received and have delayed the process by 30 days. 

I had asked for the parking machine records, which they have declined to supply as “the machines do not belong to Armtrac, they belong to the landowner, we are not able to provide you with the landowners details due to data protection and any contract is between ourselves and the landowner only”. 

A photo of the sign has been supplied (I live 300 miles from the car park so no chance of me going there myself). According to them the sign is if the correct size, but I would definitely contest that it is legible from the car park, considering its position on the outside of the pay booth. Photos attached on the link below https://photos.app.goo.gl/rdCU15tqxGj8qPPK9

I guess now I just wait for a further correspondence from BW Legal with a court date, at which time I can submit any evidence? I’ll be reading up on previous defences in preparation, if there’s anything you can advise based on the sign it would be greatly appreciated. Many thanks. 

Fruitcake

Have a a look at other threads from Armtrac at Sennen as there may be some images of signs in them that you can use. Also have a look on Google Street View to see if there is anything of use there.
The sign says a ticket must be displayed in the windscreen, which is what the driver did. There is nothing to say the ticket must be there at all times. There is also quite possible that a person or persons unknown bounced up and down on the car as a jolly jape, or with malice aforethought, in order to deliberately dislodge said ticket.

The scammers are talking rubbish when they say they can't tell you who the landowner is. That information is not covered by the DPA/GDPR, but they are not obliged to tell you who it is.

You will get to see the signs they rely on at the Exhibits/WS stage but you will have to do your own digging until then.

Red for the blood that was spilled.
Black for the mourning of those left behind.
Green for the new growth on the fields of battle.
The leaf at eleven o'clock, symbolising the time when the guns fell silent.

Paul-T951

Thanks, not much to see on street view, although I’m not even sure the photo they’ve sent is from the same car park. Have appealed to the landowner separately anyway, 2 emails sent, no reply from either. 

nosferatu1001

Ask the council who pays the NDR for that car park. 

Redx

Then you go through the usual processes and you should get the Exhibits (evidence) and WS at that stage a few weeks before the hearing , so you can put them to strict proof on signage , landowner authority , pdt machine records etc , be it in a Defence or at WS stage. Until then you are in the dark regarding topics they don't have to disclose , yet !!

Yes it would be good if they were legally obliged to divulge them now , but they aren't and dont

Paul-T951

Redx said:

Then you go through the usual processes and you should get the Exhibits (evidence) and WS at that stage a few weeks before the hearing , so you can put them to strict proof on signage , landowner authority , pdt machine records etc , be it in a Defence or at WS stage. 

Many thanks for the reply, I’m sorry but I don’t know quite what you mean. What’s WS? Do you mean I’d get their evidence a few weeks before or they’d get mine? 

Umkomaas

Paul-T951 said:p

Redx said:

Then you go through the usual processes and you should get the Exhibits (evidence) and WS at that stage a few weeks before the hearing , so you can put them to strict proof on signage , landowner authority , pdt machine records etc , be it in a Defence or at WS stage. 

Many thanks for the reply, I’m sorry but I don’t know quite what you mean. What’s WS? Do you mean I’d get their evidence a few weeks before or they’d get mine? 

Are you reading any other court case threads?  Please don't stay cocooned within your own. What about the NEWBIES FAQ sticky, second post, which explains the entire court process (and the fifth post covers all the acronyms and initialisms used on the forum?

The forum isn't an online help line, think of a question, type it out, get a reply. You have no chance of winning your court case unless you really brief yourself up through reading a wide range of other cases and any Armtrac ones in particular.  You're at the business end of things now. 

Redx

WS =Witness Statement , it's clear you do not understand the process so you are not digesting the info in the newbies FAQ sticky thread near the top of the forum , nor reading other court case threads either , fatal mistakes to make , especially acronyms and Initialisms. The explanation is in the fifth post there

The Court date comes from the court that you nominate , not from b w legal !! So from your local court

The WS plus Exhibits stage is where the claimant and the defendant exchange their bundles and submit them to the court as well , a mutual exchange of documents and pictures etc , usually some 2 Speedos or more before the hearing date

It will be months before you get a hearing date from the court , especially due to covid19

So no evidence is submitted with the defence , the claimant will be unlikely to share their exhibits for months , so should do so at the mutual exchange date in several months time

Now do some research and get up to speed on what happens and when , and by whom to whom

You will be fed up with that newbies thread being referenced when you ask questions , especially about the basics , so should have memorised acronyms and timelines and procedures etc

Coupon-mad

You do need to start by reading post #2 of the NEWBIES thread (NOT THE FIRST POST ABOUT APPEALS).

Paul-T951

Redx said:

WS =Witness Statement , it's clear you do not understand the process so you are not digesting the info in the newbies FAQ sticky thread near the top of the forum , nor reading other court case threads either , fatal mistakes to make , especially acronyms and Initialisms. The explanation is in the fifth post there

The Court date comes from the court that you nominate , not from b w legal !! So from your local court

The WS plus Exhibits stage is where the claimant and the defendant exchange their bundles and submit them to the court as well , a mutual exchange of documents and pictures etc , usually some 2 Speedos or more before the hearing date

It will be months before you get a hearing date from the court , especially due to covid19

So no evidence is submitted with the defence , the claimant will be unlikely to share their exhibits for months , so should do so at the mutual exchange date in several months time

Now do some research and get up to speed on what happens and when , and by whom to whom

You will be fed up with that newbies thread being referenced when you ask questions , especially about the basics , so should have memorised acronyms and timelines and procedures etc

Thanks, yes I’ve been reading that sticky, it was the reference to “at defence or WS stage” that was confusing - I did realise WS means witness statement but thought you might be referring to some other specific stage in the process - in my head a witness statement is a document not a stage. I’ve never had cause to pursue any legal proceedings in my life so the legalese can be a little overwhelming, the clarification is useful.