Beating Armtrac Security Services, victory Options

[Miranda]

Just wanted to say thank you for the info on this site.

I went as far as Popla with my appeal, which centered on the legality of the ticket and I am pleased to say that Armtrac appear not to want to answer a whole lot of questions or provide the evidence requested.

For anyone with an Armtrac ticket, first photograph the entrance of the car park. I found 4 Armtrac car parks with no or incorrect signage on the entrance. The regulator states very specifically what signs should be placed by their members and this is not apparent.

However, for anyone who has had an appeal refused, go to Popla and at the same time, get something in writing from the landowner as to whether they accept your compensation (not in admittance of guilt but to avoid further administration). I am sure the refusal to accept adequate compensation for being parked longer than you should etc should stand you in good sted.

Anyway, the following was my Popla appeal wording. On receipt of this from Popla (where Armtrac would have had to show me the evidence they sent to Popla), they emailed me and called the PCN.

I also wrote to the landowner and advised them that I will be taken them jointly to court with Armtrac is neither party paid my administration charges for every threatening/chaser letter received.

The wording: (typos are as a result of cutting a PDF file, please check spellings when using text)

My Appeal.

1. The amount of the charge is disproportionate to the loss incurred by Armtrac Security
Services and is punitive, contravening the Unfair Contract Terms Act 1997. I also consider
the PCN to be a penalty because Armtrac have alleged a breach of terms and conditions
and yet have not quantified their alleged loss (which cannot include business running costs
nor the POPLA tee)`

2. i do not believe that the Operator has demonstrated a proprietary interest in the land,
because they have no legal possession which would give Armtrac Security any right to offer
parking spaces, let alone allege a contract with third party customers of the lawful
owner/occupiers. In addition, Armtracs lack of title in this land means they have no
standing to allege trespass or toss, if that is the basis of their charge. i require Armtrac
Security Services to demonstrate their legal ownership of the land to POPLA.

3. i contend that Armtrac Security Services are only an agent working for the owner and their
signs do not help them to form e contract Without any consideration capable of being offered.
VCS -v- HMRC 2012 is the binding decision in the Upper Chamber which covers this issue
with compelling statements of fact about this sort of business model.

4. i believe there is no contract with the Landowner/occupier that entities them to LEVY these
charges and therefore has no authority to issue parking charge notices (PCNs). This being
the case, the burden of proof shifts to Armtrac Security Services to prove otherwise so i
require that Armtrac produces a copy of their contract with the owner/occupier and that the
POPLA adjudicator scrutinises it.

5. Even if a basic contract is produced and mentions PCNS, the lack of ownership or
assignment of title or interest in the land reduces any contract to one that exists simply on an
agency basis between Armtrac Security Services and the owner/occupier, containing nothing
that Armtrac Security Services can lawfully use in their own name as a mere agent, that
could impact on a third party customer.

6. The notice to keeper is not compliant with paragraph 9 (2)(h) of schedule 4 of the
Protection of Freedom Act 2012 in that it does not identify the creditor . The operator is
required to specifically "identify" the Creditor not simply name them on it ,This Would require

words to the effect of " The creditor is " . The keeper is entitled to know the party with
whom any purported contract was made. This they have failed to do and thus have not
fulfilled all the requirements necessary under POFA to allow them to attempt recovery of any
charge from the keeper.

7. Armtrac Security Services has sent a photograph of a WARNING notice which appears to
be pinned to an office wall. | wish to point out that photographing a poster on a wall is not
evidence of the signage. Further evidence can be found on the parking ticket issued. It has a
standard charge of £80.00 crossed out in red pen and £60.00 written on top of it. The
stationary and the signage amounts do not tally and therefore is proof that this sign is
unlikely to have been in force. Armtrac have not produced photos of the signage from that
day.

7. The BPA code of practice (October 2012) contains the following:

18.2 Entrance signs, located at the entrance to the car park must tell drivers that the car
park is managed and that there are terms and conditions which they must be aware of.
Entrance signs must meet minimum general principles and be in a standard format. The size
of the sign must take into account the expected speed of vehicles approaching the car park,
and follow Department for Transport guidance.

The following is the photograph of the driver’s entrance to the Maritime car park. AS you will
note, there are no signs alerting the driver that they are entering a managed car park and
therefore I consider Armtrao to be in breach of the BPA code.

8. The signage within the car park refers to a “fine”. I understand the terminology of ‘fines’ is
at odds with the BPA code. A copy of the sign is overleaf.


Also, | have attached as an appendix and email from the landowner referring to the ticket as

a penalty.

I have asked Armtrac on two occasions to provide the following information which they
have not

a) calculation and breakdown of your losses and that of the landowner.

b) proof of Armtrac's ability to form a contract with the driver

c) confirmation of whether the parking ticket is a fine due to trespass or a provision of

contractual service The landowner has confirmed in writing these are penalty tickets

d) proof of your ability from the landowner to take legal action

e) proof of your adherence to the Data Protection Act

These are perfectly reasonable requests and therefore l would ask POPLA obtain this

information.

l submit this purported charge is not legal and Armtrac should cease pursuing this forthwith.

Should you require further information, please let me know.


Anyway, don't be bullied. Make a nuisance of yourself to them and the landowner. You will find a warning to the landowner that they will be dragged to court as a result of Armtracs letters will be enough.

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[Mitsey]

Anyway, the following was my Popla appeal wording. On receipt of this from Popla (where Armtrac would have had to show me the evidence they sent to Popla), they emailed me and called the PCN.

Well done!

I guess the above should say they "cancelled the PCN".

So they threw in the towel before it got to POPLA?

The Maritime Car Park must be one of the most dangerous places to park in the country, it's amazing how often it appears on the forums.

This post has been edited by Mitsey: Fri, 14 Jun 2013 - 23:27

[Miranda]

They threw in the towel when it got to Popla

The Falmouth Maritime Musuem don't want to be dragged into the Armtrac situation. My father parked there on the same ticket and his ticket blew over and therefore he got a ticket

We got this revoked with a Bit of pressure on the museum (cath Horton is your contact)

Also I have an email from the museum branding these as penalty charges which doesn't help Armtrac

If anyone wants that email, do let me know

The museum is trying to win a family friendly award this year from the Telegraph. They are in the final 20. I would suggest anyone who wants help should contact me and I will try my best to help.

Armtrac in my view are contravening signage rules and therefore the majority of car parks are incorrectly signed and therefore tickets invalid.

I would have happily seen Armtrac and the museum in court.

[DBC]

I would have thought that one way of winning that award would be to give the parking company their marching orders.

[Kingyo]

Did your email from Cath Horton also include the statement " it inevitably tarnishes your visit to Falmouth and we certainly work very hard to encourage visitors to the town"?

I too got Armtrac to cancel a PCN after a long battle with them and the museum, but I still blame the National Maritime Museum for spoiling our family holiday.

Is there a way of submitting experiences of the Museum to the Telegraph in relation to the 'family friendly award', as in my opinion, they definitely don't deserve it.

This post has been edited by Kingyo: Sat, 15 Jun 2013 - 17:09

[Kingyo]

found the web site - http://kidsinmuseums.org.uk/awards/

I'll let them know my views using the email address supplied award@kidsinmuseums.org.uk


I may also let the museum's Director Jonathon Griffin - jonathangriffin@nmmc.co.uk - know my views of why they shouldn't be on the short list

This post has been edited by Kingyo: Sat, 15 Jun 2013 - 17:11

[bigal7890]

Hi Everyone,

I was wandering if anyone could help?

I have just got home and opened a letter from Armtrac Security stating that I have a Parking Charge Notice from the 29-3-2013 at the Maritime Museum in Falmouth for the contravention of "Ticket not clearly Displayed" and that the PCN has not been paid and any discounted amount has been lost.

Failure to provide Owner/Driver details or Payment of the Full amount of £100.00 to be paid within 28 days of this notice will result in increasing charges plus administrative costs .

This is however the first time I have heard of any such notice for my vehicle as there was no ticket issued on return, nor any fine received in the post after the above date.

I have looked on other forums and many have suggested just ignoring these letters as it is a form of spam.

I was hoping for some advice as I am unsure what to do ?

[Umkomaas]

Hi Everyone,

I was wandering if anyone could help?

I have just got home and opened a letter from Armtrac Security stating that I have a Parking Charge Notice from the 29-3-2013 at the Maritime Museum in Falmouth for the contravention of "Ticket not clearly Displayed" and that the PCN has not been paid and any discounted amount has been lost.

Failure to provide Owner/Driver details or Payment of the Full amount of £100.00 to be paid within 28 days of this notice will result in increasing charges plus administrative costs .

This is however the first time I have heard of any such notice for my vehicle as there was no ticket issued on return, nor any fine received in the post after the above date.

I have looked on other forums and many have suggested just ignoring these letters as it is a form of spam.

I was hoping for some advice as I am unsure what to do ?

This is really the wrong place to raise your specific query. This section of the forum is about completed cases and won't grab much attention for your situation as it' not a 'Completed Case'.

Please start a new thread in the Parking Tickets & Clamping Section where you will get much more exposure.