Too long buying a ticket - exceeded consideration period ( Armtrac Security Services )

robocop79

So my dad was on holiday at the start of this month and visited the Stennack Car Park, St Ives, Cornwall, car park. This is a pay and display ticket with ANPR cameras at the entrance / exit. 

Due to my step mother's mobility disability, they took 17 minutes to get out of the car, get parked up, and buy the pay and display ticket. 

Armtrac have sent their parking charge notice to my dad and he'd already replied to them before telling me about it where he's admitted that he was the driver and explaining the reason for the long period before buying a ticket. Unsurprisingly they have written back saying "appeal rejected" and the "fine" still stands. 

Armtrac are an IPC member and I notice the comments about not bothering with IAS.

I've done some reading about this and it this infringement seems to be a "consideration period" issue. From what I can find there's no concrete consideration period set out anywhere. 

Personally I don't think 17 minutes is excessive, despite it being a fairly small car park. However, does anyone have any similar experience? I've read other threads but can't find results any with a similar length period.

Also, now that he's named himself as the driver are there any other defences worth considering? I'm hoping to get a copy of the car park's T&Cs so I can have a read of those too.

From reading the newbies thread it seems the best thing would usually be to sit tight and wait for the court papers.... but not sure whether the fact correspondence has already been entered into between my dad and the parking firm is detrimental or not. 

Any advice is appreciated! Thanks.

Coupon-mad

Try the IAS with evidence of the disability again and talking about the new DLUHC Code of Practice, which (whilst not implemented yet) states that disabled persons MUST be given longer because the basic grace period may not be enough Google and read the new DLUHC Code of Practice  (7.2.2022) and please don't ask for a link to it - you just need to read it and can search the doc for the word 'disabled' or 'accessible'.

Do not look for a template IAS appeal. That won't work.

Write it yourself with evidence of disability and the ticket paid as attachments, plus the Equality Act 2010 requirement for 'reasonable adjustments' and the DLUHC Code of Practice (quote the relevant parts).

If the IAS still reject - very likely - hold onto all your evidence and wait for the court claim and fight it.

Umkomaas

I suspect that Amtrac's NtK is PoFA compliant so there's no great harm in identifying the driver. 

It's highly unlikely you'll be successful at the IAS, so just wait to see what Armtrac's next move is. Far too early to predict at the moment, but whatever, there is support here for you - far superior to what Armtrac can muster. 

robocop79

Thanks for the pointers, and for the reassurance re naming himself. (Yes their notice was POFA compliant).

Will write to the IAS and see what happens, there's nothing to lose at this stage it seems... I'll keep the thread updated.

Coupon-mad

It's done online and is ALL about the evidence and making it hard for the PPC to contest.

KeithP

@robocop79, what happened next?

robocop79

Sorry for the delayed update. This has only recently been resolved, with a huge thanks to a form member who I won't name just in case they don't want to but I'll drop them a PM separately. 

• In short, I complained to the parking operator who were having none of it. 
• I complained to the IAS who rejected my appeal.
• I complained to the land owner who refused to help as I had an ongoing appeal.
• The threatening letters kept coming, which were ignored, and then the letter before court arrived.
• I made a final plea to the landowner who thankfully saw sense and cancelled the charge and confirmed there would be no further action. 

So a positive result, just a shame it took so long. I was fully prepared to go to court and was confident that we'd have won at court - but fortunately it didn't come to that. Definitely cost me more than the initial £60 fine in time & effort, but sometimes these things become a matter of principle. 

Thanks again to everyone for the help. 

zhonguonuren

Thank you for considering my privacy OP but I am thrilled with your win and so glad you didn’t give in!  

All the very best, Zhong 

Coupon-mad

Well done, @robocop79 and Zhong!

Can you post about this late landowner complaint success on SUCCESSFUL COMPLAINTS ABOUT PPCs, where more people will see it in the long term?

Also,there is something coming up that needs all victims' attention:

See you for the Public Consultation soon?  Your only chance to change the law.

Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear from the forum!