Should I appeal this PCN?

[Phaeton]

Did you get proof of posting?

[Jim Rogers]

Yes, Royal Mail recorded delivery.

[Phaeton]

What day did they receive it?

[ostell]

So a final letter to Armtrac stating that they should read the appeal letter which they received on the 21st February and note that there can be no keeper liability because of their failures to comply with the requirements of the Protection of Freedoms Act. Their self imposed time limits are immaterial to this fact. Any further correspondence when there is no liability can only be construed as harassment and causing distress. Request that they desist from further contact. This will be your final communication to them.

I am intrigued by the comment in Armtrac's latest letter about "hirer details sent back" . Any idea what this is about.

After that ignore everything except a Letter Before Claim or an actual claim form itself, if they are stupid enough to continue.

In future just post First Class and get free Proof of Posting from the Post Office. The letters are assumed delivered 2 working days later unless they can prove otherwise.

[GordonHoover]

I too have been liaising with these unprofessionals. I've kept it to email (armtracappeals@gmail.com) which overcomes any costs to me from posting letters and keeps everything nicely together.

They do not seem to know what POFA is, merely hoping that acting like toddlers will get you to pay them.

I would recommend you complain to the DVLA, (KADOEservice.support@dvla.gsi.gov.uk) as this does two things, 1) it makes the DVLA work for their £2.50 they got from Armtrac, and if enough people do this would hopefully make them think about their business model. 2) it will show that Armtrac have asked for the RK details to pursue the driver for payment of the PCN, which I understand by definition means that should they then pursue the RK in the SCC, they have abused the RK's personal data and are open to a counterclaim of at least £250.

[Jim Rogers]

I am intrigued by the comment in Armtrac's latest letter about "hirer details sent back" . Any idea what this is about.

No idea at all.

[Jim Rogers]

So a final letter to Armtrac stating that they should read the appeal letter which they received on the 21st February and note that there can be no keeper liability because of their failures to comply with the requirements of the Protection of Freedoms Act. Their self imposed time limits are immaterial to this fact. Any further correspondence when there is no liability can only be construed as harassment and causing distress. Request that they desist from further contact. This will be your final communication to them.

I have sent them a registered email to this effect,
Thank you.

[Jim Rogers]

I got this email back from them:

Dear Sir

Thank you for your email regarding Parking Charge Notice (PCN) XXXXXX

Upon checking our system we can confirm that we have received any correspondence/appeal for the above PCN but this was also out of time. You have 21 days (starting the day after the PCN was issued) to lodge an appeal as clearly stated on the reverse of the PCN under the APPEALS section.

This PCN was issued XX December 2017, therefore an appeal had to have been received by XX January 2018.

We received no correspondence or payment regarding this PCN therefore had reasonable cause to apply to the DVLA for the Registered Keeper details.

As this PCN is out of the appeal period we will not be able to treat this as an appeal unless you can provide us with proof of postage of the original appeal you have sent within the next 7 days, upon receipt of this we will be able to look into your appeal.

Please be aware that if you cannot provide us with the proof of postage we will not be able to treat this as an appeal and we will continue to pursue for the outstanding amount owed on this PCN.

Kind Regards

Armtrac Security Services

[ostell]

What a set of Wallys !! File and ignore would be in order

[GordonHoover]

That reads very much like the kind of rubbish I have got from them. They really ought to give the role of writing emails to someone other than a petulant child who writes emails that state nothing more than 'la la la la were not listening, pay us' when you tell them they have no legal recourse.

[Jim Rogers]

Received this recently, should anything be done?

[ostell]

I suppose that is their idea of a letter before claim and accordingly needs a (reluctant) response.

Tell them that you deny any liability for the amount claimed. This has been detailed in the letter to them posted xxxxxx and further referenced in the letter of xxxxx. Here are the proof of postage for these items. Failure to invoke keeper liability by the incorrect use of POFA does not have any time limit, any time limits that you care to impose are only a figment of your own imagination. As there can be no liability please do not contact me again. To do so is harassment and a misuse of my personal data.