Armtrac Issued PCN for Rockpool Car Park, Cornwall - Outside the Relevant Time Period?

LW-Worcs

I'm pleased to read the machine is fixed.  appeal sent after your guidance Coupon-mad so can only hope now for a good outcome.  Once again thank you.

weddax

Hey, so got an update. I received this letter from Armtrac after sending them the appeal template in the post, do I just ignore it? They didn't make any mention of the fact that they didn't comply with the POFA rules.

Jenni_D

Does it need to be responded to? Just file it and wait for the "legal team" to do nothing. (The chances of this case going anywhere near a court are remote - and you should already know to ignore any debt collector hamster bedding).  

Coupon-mad

Make a complaint instead and COPY IN YOUR MP. Your local one even if you are not in Cornwall. 

Tell Armtrac this is a formal complaint you will be reporting their faulty machines to the IPC and Trading Standards, in a complaint from your MP if they fail to properly investigate your complaint.

(I have assumed your issue was with the faulty keypad and machine? Have not read the whole thread).

weddax

Hi, so a little update...

After a few months of ignoring threatening letters from Armtrac's legal team (BW Legal) about recovering costs, I've finally been sent a CCBC. I'm going to delve into and try and get my head around what the next steps are in the Newbies section when I've got a bit more time, but I'm just wondering, as they failed to comply with POFA by sending the PCN outside of the stated 14 days, should I be approaching my defence differently?

At no point have I divulged the details of the driver of the vehicle in connection with this parking ticket, and according to POFA, if they've not issued the PCN within the 14 days, then they can only pursue the driver of the car for these costs, and not the keeper.

KeithP

Wow! You've been sent a County Court Business Centre?  

If you have received a County Court Claim Form, then please tell us the Issue Date on it.

What happened when you complained?

What response did you get from your Member of Parliament?

weddax

Haha, sorry, brain not working today!

The issue date is the 13th of December, received in the post yesterday.

KeithP

weddax said:

The issue date is the 13th of December, received in the post yesterday.

With a Claim Issue Date of 13th December, you have until Tuesday 3rd January 2023 to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 16th January 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

weddax

Hi, so I'm having trouble trying to put together my defence using the template... In context of my situation, I'm not really looking to contest the parking fine as such, rather point out that the PPC failed to comply with POFA, and they therefore have no legal right to pursue me as the keeper of the vehicle. If someone could guide me on how to word this in section 2 & 3, I'd really appreciate it - I've tried looking through the various threads, but finding it a bit overwhelming.

KeithP

First things first... please confirm that you filed an Acknowledgment of Service before Wednesday 4th January.