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Armtrac/BW Windscreen PCN PAPLOC Now Claimform - no Permit Beach Road Porthtowan, Cornwall.


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Thanks DX, I have just submitted a complaint to the ICO.

 

Should I email/write to KBT/BW Legal to tell them I have done so?

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  • 2 weeks later...

Par for the course.

 

If they go all the way to court the judge will want to see these documents though.

We could do with some help from you.

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Thanks Dave. Do you think I should send BW / KBT a letter informing them that I have reported them to the ICO for not replying to the SAR

I'd obviously prefer not to go to court, although I will if need be. I'd like to therefore do whatever I can to deter them from going all the way.

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they'll soon findout i expect.:pound:

has no bearing upon the speculative invoice claim as such.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Before Armtrak can win in court against you they have to get quite a few things right. First they have to have a valid contract with the land owner. Then they need to comply with PoFA which they often don't do. As you need as many possibilities as possible to win since some Judges look at different points in a defence in different ways, could you please answer the following questions which may help to strengthen your case.

Frustration of contract will work with some Judges but not all of them so ideally you need as many strings to your bow as possible. I hope you have not thrown away the Notice to Keeper as that can be crucial.

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  • 2 weeks later...

Thanks for the replies. 

 

Just writing the defence, and this is what I have come to, please could I have any thoughts and suggestions;

 

The claim put forward by the claimant stands no chance of success 
for the following reasons;

1. No contract has been offered to the defendant by the claimants.

2. The signage at the location where the car was parked was 
inadequate to be considered an offer.

3. An immovable, broken down vehicle does not count as parking and 
so frustration of contract applies.

4. The defendant does not believe that the claimant has locus 
standi.

 

Thanks lookingforinfo, I'll fill that out soon.

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Updated defence;

"

I xxx am the registered keeper of the vehicle xxx. 

The claim put forward by the claimant stands no chance of success 
for the following reasons;

1. No contract has been offered to the defendant by the claimants.

2. The signage at the location where the car was parked was 
prohibitive on the date the PCN was issued and so an offer of 
parking contract cannot exist. 

3. An immovable, broken down vehicle does not count as parking and 
so frustration of contract applies.

4. The defendant does not believe that the claimant has locus 
standi. 

"

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On 21/07/2021 at 19:02, dx100uk said:

 

dx

 

here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx, how's this version? or maybe it's best to keep out the frustration of contract? 

 

1. I xxx am the registered keeper of the vehicle xxx. 

2. No contract has been offered to the defendant by the claimants 
and so it is not possible for a contractual breach as the defendant 
has not entered into a contract.

3. As held by the Upper Tax Tribunal in Vehicle Control Services 
Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer 
and acceptance.  The Claimant was simply contracted by the 
landowner to provide car-park management services and is not 
capable of entering into a contract with the Defendant on its own 
account, as the car park is owned by and the terms of entry set by 
the landowner.

4. The signage at the location where the car was parked was 
prohibitive on the date the PCN was issued and so an offer of 
parking contract cannot exist. 

5. An immovable, broken down vehicle does not count as parking and 
so frustration of contract applies.

6. The Particulars of Claim are denied entirely. 

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dx has always emphasised the importance of not playing your cards too early.

 

A year or so ago it finally clicked with me why.  We had a Cagger who, on the face of it, had prepared a superb defence, full of correct well-researched legal points ...

 

... which gave the corrupt solicitors working for the PPC months & months to think up lies to counter the defence.

 

Your defence needs to be as generic and bland as possible.  Use the defence in the link dx posted.

 

if Amtrac are stupid enough to go all the way to court you'll have ample opportunity to put all your arguments in a Witness Statement, which will be filed too late for them to make up their usual lies.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 3 weeks later...

Hello again,

 

as advised, I sent a generic defence off. Today I received a letter from BW stating their intention to proceed. Within this letter, BW quote that if I loose, a county court judgement will likely be made against me. Is this true?

 

Now I suppose I just wait and see if they go ahead with the claim. 

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If you were to lose in court, you would have to pay the amount stated in their PoC within 30 days.  Pay within the 30 days and the matter ends there, no CCJ, no effect on your credit rating, nothing.

 

If you were to lose in court and then defy the court and still not pay, then that is when you would get a CCJ, your credit rating trashed for six years, etc.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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