ARMTRAC Sennen top PCN

didgeridoooo

Sennen beach car park 19th August 2019 (only taken for the "Offence" wording)

didgeridoooo

OK these are from the top car park. I don't have any dates for them (no metadata due to using wrong camera app in phone which doesn't store any), but going by where i found the pictures I'd say it's between 2019 and 2021. 

Paul-T951

You’re an absolute diamond, thank you! Look at all that small print. I’m pretty sure it was the first one I paid at in the little shack, by the entrance isn’t it? 

I’m not sure it’s a valid argument but for me I feel the poor signage isn’t the point for me although it adds to the case. The thing is it doesn’t matter if I read the signage or not - I would have done exactly the same thing - paid my money and displayed my ticket. It’s unfortunate it ended up on the floor but that wasn’t my intention. My behaviour was not intended to defraud in any way. 

Again, thanks!

didgeridoooo

Yep that little shelter by the main gate/entrance, that's the one. 
I think you're on the right track but just be aware that your 'intent' isn't relevant here. It would be if this was a criminal matter, as you need criminal 'intent' to be guilty of most criminal offences. This is simple contract stuff, so all the usual stuff applies, was a contract formed, were the terms displayed for you to be able to complete the 'offer, consideration, acceptance' of said terms, and so on. 
In your case I'd still make it well known to any judge you ever happen to be in front of, you did everything required under the terms. The 'wind' must have done the rest, or as someone smarter than me said above, maybe Hamtrac have an employee who's paid to run around bouncing cars to hide their tickets?! Given the sordid history of Sennen car parking, nothing would surprise me!

Paul-T951

Ok so slight issue. I’ve hunted high and low for the SAR documents from two years ago but no joy - I thought I had them filed but we’ve moved a lot of stuff around since then and they’ve got lost in the mix or thrown out. I requested another from Armtrac and they replied to say that an SAR was processed 2 years ago and nothing has changed since then. Am I within my legal rights to demand another considering the time lag, or are they in their right to refuse as it’s already been done? Just wanting to know if there’s precedent for this before I reply. Thanks 

KeithP

They are within their rights to charge you - I think it's £10.00 - for a second copy.

Paul-T951

KeithP said:

They are within their rights to charge you - I think it's £10.00 - for a second copy.

Well that sucks! I begrudge giving them a penny but it that’s the rules then I guess I’ll have to suck it up if they demand it. Ok thanks for the reply, appreciated. 

Paul-T951

I do seem to remember that the first one wasn’t complete - there was no PDT machine record - they claimed it wasn’t recorded I think - and I don’t remember the requested photos of the signage with a ruler for scale as I requested. Wonder if that’s enough grounds to request a second? 

KeithP

Paul-T951 said:

I do seem to remember that the first one wasn’t complete - there was no PDT machine record - they claimed it wasn’t recorded I think - and I don’t remember the requested photos of the signage with a ruler for scale as I requested. Wonder if that’s enough grounds to request a second? 

But the sign isn't personal data so they are not obliged to show you that as part of a Data Subject Access Request.

And while the PDT machine record may contain your personal data, will contain the personal data of many other people too so they will need to be very careful not to give you other people's data.

Paul-T951

Ok all good information, thanks.