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Armtrac - Final letter before debt recovery, Ticket fell off windscreen. IAS appeal dismissed.
LobsangLudd
post Fri, 14 Sep 2018 - 14:20
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Hello all,

apologies first if I have directed this to the wrong forum or missed a relevant topic. I have seen a couple of closely-related posts but none responding to this particular issue.

I was issued a PCN of £100 (reduced to £60 within 14 days) after a valid pay-and-display ticket fell off my windscreen. Not knowing the significance of my actions at this time, I quickly responded to the Armtrac Security Services appeals email explaining the situation and enclosing a picture of the valid ticket which also showed a partial vehicle registration; I admitted to being the driver of the vehicle at this time. They predictably declined to cancel the PCN and offered the services of the IAS. The IAS have also predictably dismissed my appeal. Some points of note:

- their timestamped pictures clearly show the reverse side of my ticket on the dashboard, complete with peeled-off adhesive strip and serial number matching the ticket in my possession, valid for the time the PCN was issued
- I have consecutive tickets for the entire week in question from Armtrac carparks
- their terms & conditions state that 'retrospective authority to park will not be accepted' - a statement which is repeated multiple times, in capitals and with questionable grammar, in the somewhat rambling responses to both me and the IAS

I have now recieved a letter entitled: "FINAL LETTER BEFORE DEBT RECOVERY OR COURT ACTION" requesting that I make payment of £100, or the matter will be passed to The TNC Debt Recovery or Gladstone's Solicitors who will commence legal proceedings via The County Court against you without further notice.

Having already paid for my parking and taken all reasonable steps to avoid wasting court time, I have no intention of paying what I consider to be an unjustified and unreasonable PCN. My plan at present is to reply to them via email and request all further correspondence to be electronic only. My response will include the following points:

1) I dispute the debt
2) Any contact from debt recovery companies will be considered harassment as long as the debt remains disputed and they will be reported to their professional body
3) I do not expect to receive any further contact from Armtrac or Gladstones unless it is to initiate County Court proceedings
4) If court proceedings are to be initiated I expect to receive a Claim Form as per the Pre-Action Protocol for debt claims
5) I expect all further correspondence be electronic only - including a reply confirming this

Does all of the above sound reasonable and is there anything else you think I should include / withhold?

Many thanks,

LL
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post Fri, 14 Sep 2018 - 14:20
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kommando
post Fri, 14 Sep 2018 - 14:41
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Who issued this latest letter, to be saying it will either got the a toothless debt collector or Gladstones seems to be just an attempt at a frightener. But the debt collector is toothless so just wait to see who writes next, even if the next letter comes on Gladstones headed paper it is likely to just be from a debt collector with Gladstones paper. If the next letter or any subsequent letters come from Gladstones and are a letter before action then you will need to respond, until then ignore, you have engaged and done all you can. Keep all the paperwork filed away safely, raising claims when the defendant has proof of paying is rare even in the twisted world of private parking and roboclaims.
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