Armtrac Sennen Car Park

RSD27

Hello I used Sennen Car Park in Sept 2020 and paid for an all day ticket and put it on the dashboard. After i got home that evening i found a parking charge noticed tucked low down under the windscreen wiper. The charge claimed the Ticket was incorrectly displayed face down. Naturally I was very frustrated and am trying to appeal this currently and they rejected it, and im now with the IAS which ive since read is not recommended. However, i want to share this info....my parking ticket does not specify which side should be displayed on the dashboard...merely "Display ticket on dashboard" so im informing them that they do not specify which side to display because both sides have the reference number to validate the ticket and it is arbitrary as to which side is displayed. The ticket states (and they lied to me to say it specified it must be face up to be valid) "Display ticket on dashboard" and i have done that as the ticket states. They have not told me yet if they will accept this explanation but i have the whole ticket and im informing them that they cannot issue a PCN to people who pay for a valid ticket with out specifying which way the ticket must be put on the dashboard. Has anyone else had success with this method pls? I presume i may need to explain in a court but am awaiting the IAS to infom me the next step. If you have any info on this pls let me know . Thankyou

nosferatu1001

Zero chance this will work with them or the IAS
There is a chance they will try court. 

RSD27

Ok thankyou for replying. Well i paid for the ticket and they are trying to get me on a technicality as they know very well its a valid ticket so im doing the same back. They lied in response, saying it must be displayed face up as the ticket instructs because it does not specify that at all. The ref number validates the ticket which was displayed on the dashboard as instructed so i cant see how they can argue if they dont make it clear as it is ambiguous. It feels like they make up their response to suit their need and swerve the facts

nosferatu1001

I get that. Still doesnt matter. 
They have zero incentive to accept an appeal. They make money only if you pay. You know, from thenewbies thread, exactly what your options are, but in summary: pay or see if they try court. 

RSD27

im trying court then. Its misleading and arbitrary as to which way the ticket is displayed on dashboard as my ticket states i do. I agree they have no upside accepting my appeal as they want the money. So i ll do the court route. I ve asked them to show me on my ticket where it says it must be displayed face up as they lied it did and they are silent because it doesnt do it. Thankyou for the advice

RSD27

Last question, if i go to court and im told i must pay what should i do? currently its £100 ticket but it could have been £60 if i had paid swiftly. Thankyou

nosferatu1001

What do you mean by "what should I do?" ?! 
If you lose in court, you pay up. 
Of courswe its more than they originally asked for. But what you actually owe right now is £0, as there is no proven debt. 
Have you read the complete newbies thread yet? If not do so before posting again

RSD27

yes i did go there and get the impression that i shouldnt pay the PCN but obviously if i get to court in a case like this i dont know what the chances of success are of me winning so wondered if my case is strong enough that was all. The Newbies thread gives me impression its worth not paying

Redx

court is a lottery, so nobody can answer your question

you would have to know what previous cases have ended up as, so read all completed court cases with similar , issues, then you know what might be possible, but as bargepole and johnnersh and others have posted , nothing is ever certain at court

the business model companies like this one run is make em pay to park , hope they fail some rule and then hit them with a larger extra charge in the form of a pcn, a double whammy

makes good business sense to me , and to many other parking companies because it is their business model to maximise profits and has been for many years , especially when the odds are they will scare people into paying up , but even more so in this covid wasteland where less punters (mugs) are about !!

RSD27

Ok thankyou for that candour. Appreciate it

zhonguonuren

RSD27 said:

Last question, if i go to court and im told i must pay what should i do? currently its £100 ticket but it could have been £60 if i had paid swiftly. Thankyou

Hi OP. You have raised an important argument.   Obviously the law can be an a** and no one can guarantee a win but if it were me I would take a punt.  Initially though I would try writing to will@theipc.info and tell him the circumstances and that you intend to let the matter go to court if common sense does not prevail.  Tell him that you have raised the matter with the IAS (he will know given it is one and the same) and that you heard the IPC was taken to court recently for negligence and he specifically said he would take action against parking operators using predatory tactics.  It is obvious that you paid and the PCN should be cancelled.  

Good luck.  Zhong