Armtrac Security windscreen PNC - Over stay at St.Ives

[Bazooka Boo]

DF, this is soooooooo much better than back to back eastbenders.......when you say it like you do, it really is crystal clear, they tie themselves up in their own BS and legal jargon, AWESOME!

[ericsbrother]

Now Will and John, owners of the International Parking Community have threatened some people for misquoting the name of their organisation as the Independent Parking Committee (which coincidentally happens to be the previous name)

 

so Armtrac are in trouble for claiming to be a member of an ATA that doesnt exist and could well be sured by Gladstones for pretending to be an accredited operator of an organisation that doesnt exist but whose name is a trade mark.

 

Comment has been made about the signs,

the blue one with a big P on it is taking the P,

it is an invitation to treat so not an offer contract as there are no contractual terms.

 

The red one offers parking at £100 but this clashed with the blue tariff board that says you pay £1 or so and has a penalty charge for parking other than accordance with the terms BUT these terms are the precise terms you are ALLOWED to park under on the red sign for free!

 

so is that a flat fee of £100 reduced to zero if you park badly or £1 increased to £100 if you park badly?

You dont have to accept either of these sets of terms anyway because the signage fails to meet the standards laid down by the POFA and the worst that can legally happen is the landowner asks you to move.

 

So you want to appeal to a company that gets things this badly wrong and hope they take any notice?

they really cannot find their own backsides with both hands so good luck with that

 

looking on the bright side, it does create a paper trail and shows how unreasonable any action they decide to take afterwards si as they have been told they are talking cobblers.

[Jim Rogers]

I did post them a letter stating:

 

I am the keeper of vehicle xxxx and am in receipt of your Notice to Keeper xxxxx

 

The NTK fails to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012, namely, but not limited to, section 8 (2) (f) in that a warning to the keeper has not been made.

 

I agree with you that the the driver is liable for this charge but I, as the keeper, can not be held liable for the actions of the driver at the time. There is no legal duty to identify the driver and I will not be doing so.

 

I have, as requested, passed your NTK to the driver and they may contact you about this matter. Consequently I do not expect to hear from you again other than to confirm that no further action will be taken against me on the matter.

 

Received a letter back from them, I went to the website to view the photographic evidence but it's nowhere to be found!

ketter.pdf

[DragonFly1967]

Just the usual waste paper. File it.

 

With the signage that you've already posted, there's not a chance on earth that they'll win a defended county court claim, so let them waste their money while you sit back and laugh at their ineptitude

[ericsbrother]

You should NEVER agree with them that the driver is liable, who are you to say that given that you cannot create a third party contract nor force someone into a criminal compact.

 

If their procedures were close to being POFA compliant this sort of statement may well be taken at face value and having agreed with then that the driver is liable you leave yourself ope to a civil tort if the driver doesnt agree with you on this but is put to expense to argue against it.

 

This is why we say ignire them when they get things wrong, let them make the errors rather than you putting your foot in it. However, as they are so incompetent this will never see the light of day even if they do try their luck so you can ignore them and do so this time.

Edited February 23, 2018 by DragonFly1967
Added paragraphs

[Jim Rogers]

Received this recently, should I do anything?

[Jim Rogers]

bump

[dx100uk]

What's the problem?

[ericsbrother]

this is not a lba, just a threat to pass the matter on to a dca (ooh scary!) or to Gladstones the incompetent solicitors who own the IPC ( well own a company that calls itself the international Parking Community because they are too incompetent to actually register their name as a trade mark so that tells you a lot about how good they are).

 

You have already told them they are wrong so no need to tell them again, let thek spend their money getting someone else to fail to get you to pay up.

[Jim Rogers]

Thanks, sit tight and do nothing?

[ericsbrother]

for the moment, yes. If the dca writes then you ignore them as well, if Gladdys write then you show us the letter

[Jim Rogers]

Ok, thank you.

[lucymegan]

Hello,

have you got any further with your Armtrac issue?

I have one of my own which is proving to be very upsetting.

 

I parked in one of their Hayle car parks last June 2017.

I purchased a ticket, put it right way up on dashboard, checked it was visible.

 

When I got back to the car I had been issued a parking ticket.

I checked the time and I was inside the allocated period

 

I wrote to them thinking there had been a mistake and the fine would be rescinded.

Instead I was told that I had not stuck the ticket to the windscreen as the signs dictated and the ticket was not clearly visible.

 

I had taken photos to prove it was, but it was clearly visible from standing by the windscreen and not from in front of the car where Armtrac had taken the photo.

 

In my naivety, I still thought this an error that would be resolved easily, so I appealed to the IPC.

Again I was ruled against.

 

I called Armtrac and said I was not going to pay a fine as I had proof I had paid appropriately plus the amount they were claiming was disproportionate and inappropriate.

 

I heard nothing more for nine months, until out of the blue I received a Letter before Claim from Gladstones.

 

I moved house three weeks ago, so they do not have my correct address, but in the move I threw out the parking ticket and letters thinking I would hear nothing further (I still have the photos though)

 

It has been 13 months now and I am very unsure what to do.

I did however act correctly, pay the correct fee and enter into dialogue to try and sort this.

Please help!

Thank you

Edited August 3, 2018 by dx100uk
spacing

[dx100uk]

hi ya

please start a new thread

of your own

this one is for advising Jim Rogers

[ericsbrother]

you need to contact Gladstones in writing (never email) and tell them that you deny owing any monies as their terms were not breached and Armtrac are as likely to win a court claim as England are to win the world cup retrospectively. Abusing their position as the parking worlds worst solicitors and owners of the IPC should make them ashamed of themselves but it is well known that Gladstones have no moral comass so you suspect that they will try and persuade Armtrac to try their luck in court as it is all money for them even when they lose their clients money.

 

 

Dont be shy, they arent just the next taxi on the rank, it is in their interestes to try it on.