Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Markcus
    • By Markcus 4th Dec 19, 9:58 PM
    • 8Posts
    • 3Thanks
    Markcus
    Armtrac Security Parking Charge Notice
    • #1
    • 4th Dec 19, 9:58 PM
    Armtrac Security Parking Charge Notice 4th Dec 19 at 9:58 PM
    Hi Folks,

    I have received like so many others on here a PCN from good old Amtrac in Cornwall, I was parked on a beach near St.Austell, I purchased a ticket for all day and then went to the beach to teach a friends son to dive, I was gone for nearly 6 hours and so never checked the ticket, when I got back the ticket had fallen to the seat and I had a PCN notice, I rang them but was told it was a bank holiday and they were closed, luckily I didn't give my name or registration, I ignored the ticket and then a few months later I received a letter through the door that they had got my details from DVLA.
    I sent them the ticket to prove I had purchased it and they sent it back with a demand letter saying I still owed them 100, again I have ignored this, now today the 4/12/19 I received another letter a 'Final letter before debt recovery or court action letter' do I just ignore this as well? Oh and it has lots of extra costs added to it to show what it's going to cost if they take it further
    The chap whos sone I was teaching was present when I purchased the ticket and watched my affix it to the screen but it was a hot day and the ticket peeled off.

    What do I do next?

    Thanks in advance
Page 1
    • Umkomaas
    • By Umkomaas 4th Dec 19, 10:27 PM
    • 26,045 Posts
    • 42,361 Thanks
    Umkomaas
    • #2
    • 4th Dec 19, 10:27 PM
    • #2
    • 4th Dec 19, 10:27 PM
    You wait now for a formal Letter of Claim from Armtrac's solicitors and/or a court claim from the Northampton CCBC. Come back on this thread if you get either.

    Meanwhile get yourself prepped for any potential court action by reading and digesting very thoroughly the NEWBIES FAQ sticky, post #2. Please not it is not a superficial skim read. The more you get to understand this process the more likely you are to avoid a 200 court judgment against you.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Coupon-mad
    • By Coupon-mad 4th Dec 19, 10:32 PM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    • #3
    • 4th Dec 19, 10:32 PM
    • #3
    • 4th Dec 19, 10:32 PM
    then a few months later I received a letter through the door that they had got my details from DVLA.
    So did the NTK arrive after day 56, such that it could not legally have held you liable as registered keeper, yet you ruined that position (lost all the protection as keeper) by saying who was driving?
    I sent them the ticket to prove I had purchased it
    Or are you sure you didn't say 'I parked and...'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Markcus
    • By Markcus 7th Dec 19, 7:49 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    • #4
    • 7th Dec 19, 7:49 PM
    • #4
    • 7th Dec 19, 7:49 PM
    I told them a ticket was purchased and put into the windscreen but it had fallen to the floor whilst on the beach teaching.

    Does this now mean I have no defense at all? I told them I had been talking to the carpark owners son and ask him for change, he would be able to confirm my claim that a ticket had been purchased
    • Fruitcake
    • By Fruitcake 7th Dec 19, 8:00 PM
    • 41,340 Posts
    • 91,621 Thanks
    Fruitcake
    • #5
    • 7th Dec 19, 8:00 PM
    • #5
    • 7th Dec 19, 8:00 PM
    There will be many points for you to use as a defence.

    However, we must know if the driver has been identified at any point, and if the NTK arrived between day 28 and 56, the date of the event being day zero.
    If the driver has not been identified, then edit your post to remove information about that. Only ever refer to The Driver and The Keeper, who are two different people.

    See what this judge said about tickets that are not fit for purpose.

    http://parking-prankster.blogspot.com/search?q=sticky

    Get pics of the site and signage ready for the evidence stage.
    Last edited by Fruitcake; 07-12-2019 at 8:11 PM.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Markcus
    • By Markcus 7th Dec 19, 11:29 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    • #6
    • 7th Dec 19, 11:29 PM
    • #6
    • 7th Dec 19, 11:29 PM
    I do not believe that at any point I have identified myself as the driver, I have said that a ticket was purchased and affixed to the windscreen but as far as I am aware that is all that has been said
    • Markcus
    • By Markcus 7th Dec 19, 11:41 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    • #7
    • 7th Dec 19, 11:41 PM
    • #7
    • 7th Dec 19, 11:41 PM
    The ticket was dated the 26th of August and the first letter arrived too me dated the 12of of November so 78 days.

    Does this mean anything?
    • Redx
    • By Redx 7th Dec 19, 11:42 PM
    • 25,839 Posts
    • 33,255 Thanks
    Redx
    • #8
    • 7th Dec 19, 11:42 PM
    • #8
    • 7th Dec 19, 11:42 PM
    it means they failed POFA and cannot hold a keeper liable

    but it means nothing if they know who was driving
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Markcus
    • By Markcus 7th Dec 19, 11:46 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    • #9
    • 7th Dec 19, 11:46 PM
    • #9
    • 7th Dec 19, 11:46 PM
    Ah right, I am pretty sure I haven't identified myself as the driver but sadly I didn't keep a copy of the letter I wrote them.

    I am pretty sure that I wrote 'please find attached a copy of the ticket that was purchased on the date in question, if your inspector had looked inside the car on the seat he would have seen the ticket that had sadly peeled off as the weather was hot that dy.'
    • Coupon-mad
    • By Coupon-mad 8th Dec 19, 3:01 AM
    • 79,154 Posts
    • 93,009 Thanks
    Coupon-mad
    Email them a SAR and they will have to show you your appeal and their reply.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Redx
    • By Redx 8th Dec 19, 9:06 AM
    • 25,839 Posts
    • 33,255 Thanks
    Redx
    Stay in keeper mode unless the SAR reply offers evidence of incrimination , so an appeal like the above means you as Keeper know facts , doesn't mean you were driving , but possibly implies you were an occupant of the vehicle
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 8th Dec 19, 9:57 AM
    • 15,977 Posts
    • 16,766 Thanks
    The Deep
    Many judges regard fluttering tickets as a very trifling matter, read some of these

    https://www.bing.com/search?q=fluttering+parking+tickets&qs=n&form=QBRE &sp=-1&pq=fluttering+parking+tickets&sc=0-26&sk=&cvid=0D824FEBE1FB4D06B2B919FC9590B568

    and not really a matter for the courts at all

    https://en.wikipedia.org/wiki/De_minimis

    so challenge them to take you to court.

    Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    Last edited by The Deep; 08-12-2019 at 10:01 AM.
    You never know how far you can go until you go too far.
    • Markcus
    • By Markcus 8th Dec 19, 5:47 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    I have emailed them an SAR requesting both written and emailed version within the next 14 days, I hope this is correct.

    I told them I want copies of replies I have sent them in writing.

    I have as yet not mentioned the amount of time it took them to contact me initially I will hold that card back as you have all suggested.
    • Umkomaas
    • By Umkomaas 8th Dec 19, 5:50 PM
    • 26,045 Posts
    • 42,361 Thanks
    Umkomaas
    They have 1 month to respond to a SAR. Putting your own shorter deadline is likely to see this take a month.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day;
    show him how to catch fish, and you feed him for a lifetime.
    • Markcus
    • By Markcus 8th Dec 19, 5:57 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    Ok, that's fair enough so I now just wait and see what happens?

    I have just read their last letter again and they gave me 14 days from the date to pay of matters would be handed to BW Legal Solicitors
    • KeithP
    • By KeithP 8th Dec 19, 5:59 PM
    • 18,997 Posts
    • 23,669 Thanks
    KeithP
    I have just read their last letter again and they gave me 14 days from the date to pay of matters would be handed to BW Legal Solicitors
    Originally posted by Markcus
    That's a debt collectors letter and can be ignored - as advised in post #4 of the NEWBIES thread.
    .
    • Markcus
    • By Markcus 8th Dec 19, 6:04 PM
    • 8 Posts
    • 3 Thanks
    Markcus
    Perfect thank you, I have just been looking them up to see who they are
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,088Posts Today

6,837Users online

Martin's Twitter