Armtrac Security windscreen PNC - Over stay at St.Ives

[ericsbrother]

Ok for the moment you do nothing as the ticket is addressed to the driver, who is unknown to the parking co.

 

They now have to send a NTK to the keeper and that must arrive between 29 and 56 days after the event and have specific wording to be considered a lawful demand and also to create a keeper liability. Many parking co's dont bother to do this right so end up shooting themselves in the foot.

 

Now,

what we need to know from you is

the wording on the screen ticket and also

the wording on the signage and

 

since you bought a ticket to park,

what the wording on the ticket machine says as this is your licence to park,

not the signs

so any difference between the two is crucial..

 

Now having given you a general response

I have had a chance to read the signage you posted up and

 

have noticed a few problems for the parking co.

The signs that has the tariff doesnt mention a penalty for overstaying so there has been no breach of contract as there is no clause you have breached.

 

Their signage does not have an address for the company,

just a PO Box number

and this means that they cant issue a lawful demand for payment

so again you owe nothing.

 

irdly the sign saying conditions apply means

the offer is not a contract but an "invitation to treat"

and that means no unilateral terms

but individually agreed terms and

 

if you then decide to pay them £3.30 for 3 hours parking and the machine accepts the money then they have accepted that conditional off you made.

 

Now regarding the screen ticket issued at 16.47,

when exactly did your ticket expire

and was the cinema a property connected to the car park?

 

This has little to do with this ticket

but the cinema may have had complaints about this before and another will add weight to their representations to their landlord regarding the behaviour of their servants

 

( the parking co's dont own the car park, they just tell rather fanciful stories about how brilliant they are at "managing them and the landlord takes them at their word but the reality is very different

[ericsbrother]

As you can see, defeating these matters takes time so dont be looking for a quick solution, there isnt one.

[ericsbrother]

we still havent seen the screen tickey they slapped on your car so we cant compare the supposed breaches. Likewise if they say the breach is having an expired ticket theh we need to see the signs to see where this is shown as a clause in their contract they offer you.

[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.

[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

[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.

[ericsbrother]

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

[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.