Should I appeal Amtrac parking ticket as permit was on display or contact them and appeal?

Victoire7

Have just returned from Cornwall and Amtrac issued me with a £100 fine because the flimsy permit they supply for the place i was staying furled in the sun and they came round at 4am and issued a ticket, even though the permit was clearly in the windscreen. They did not supply a clear case for the permit to prevent this issue happening and I was wondering if anyone has any advice about whether it would be worth appealing as the permit was there at all times? Thank you

Coupon-mad

Yes, appeal to the IAS with your evidence and state that the angles of the photos suggest wrongly that the ticket can't be read and that you want the IAS to take notice of the pattern of continued conduct by Armtrac who - going by hundreds of accounts online - do 'fluttering tickets' for fun.

State that clearly it has crossed the boundary beyond fair and open dealing with the public, when Armtrac are allowed to carry on ad nauseum, issuing the flimsiest tickets known to man/woman, and as is apparent from hundreds of reports, they are deliberately or negligently cashing in on them.

In your case the ticket is visible and readable and did not fall off the dashboard.  Show their own photos in evidence in case they withhold one

So, your ticket receipt was at all material times, displayed in accordance with the term on the sign.  It was displayed on the dashboard and being curled by the sun does not change the fact that the driver's conduct was compliant.

There is zero legitimate interest here and no breach occurred.  This PCN is part of a course of serial rogue conduct, of the type that any reasonable onlooker would hope a decent trade body and ADR would look to stamp out, in readiness for the new statutory code of practice in 2022.

D_P_Dance

It is not a fine.  Please read the newbies and complain to your MP.

Victoire7

I was unable to appeal to IAS as my informal appeal letter to the owner of Amtrac waited to return the letter until after the appeal date had passed.  BWLegal have been chasing me and last week I received a Claim Form From a County Court. Has anyone any advice what I should do please? Thank you

Victoire7

... I did complain to my MP but she was unable to offer any assistance

Umkomaas

Victoire7 said:

I was unable to appeal to IAS as my informal appeal letter to the owner of Amtrac waited to return the letter until after the appeal date had passed.  BWLegal have been chasing me and last week I received a Claim Form From a County Court. Has anyone any advice what I should do please? Thank you

All the advice you will need to deal with this is contained in two Announcements at the top of the forum thread list - the NEWBIES FAQ Announcement, second post, and the Template Defence Announcement, the former explaining the process and the latter having a ready made template for you to use, you only needing to construct a few paragraphs of your own to add to it. 

Did you receive a Letter Of/Before Claim a few weeks ago from BW Legal? What is the Date of Issue shown on the Claim Form?

Victoire7

Thanks for your reply.  The Claim Form was issued on July 7 but we were away when it arrived. I did receive a letter of claim and replied that I dispute the debt as stated in my informal appeal letter of October 24th 2021. What would you advise please?

Victoire7

..not looking for legal advice, just the optimum way to proceed. Many thanks

Not_A_Hope

The optimum way forward is for you to read the Newbies thread and proceed to defend their claim. You will need to acknowledge the court claim (MCOL - AOS) and begin to draft your defence most of which is written for you in a sticky thread near the top of the forum. You just need to insert brief details of what happened in paras 2,3.

Your defence will need to be emailed to the CCBC. Do not use MCOL to submit it.

@KeithP is usually around to confirm AOS / Defence deadlines based on a claim issue date of 7th July 2022

Mouse007

You need to file the Acknowledgment of Service by 26 July, but there is no point waiting until then.

Once filed you have until 4pm on 9 August to file your defence, plenty of time but don't leave it to the last minute.

Fruitcake

Follow the guide to court written by bargepole that you will find in the second post of the NEWBIES. This is a step by step guide from LBC to the court hearing.

Start by doing the AoS asap. Do not put anything in the MCOL defence box. Absolutely nothing.

Use the 12 step guide in the first post of the template defence thread, from the sticky Announcements, and the template defence itself from the second post of the same thread.. Amend paragraphs 2 and 3 to suit your case. Show us those amended paragraphs only before you email them to the CCBC.