PCN court order

[Wave_Rider]

Hi! I've been having trouble with Armtrac for some time, my behest heasahea being from a PCN issued Jan 2017 that has now progressed to my receiving court documents.... I'm pretty sure I'm in the right here, have sent off my acknowledgement of service and now need some advice on how to present my defense....

Many thanks!

[ostell]

Some information about the matter would be helpful

[Wave_Rider]

Yes you're right, I was under the impression I would be directed to the relevant forum where I could add more detail. I've since posted a little more info in a post added on the parking forum....

We live in an apartment with a private gated car park to the rear, access to which is via a short road (off a main road) that also provides access to two other private enclosed carparks; there are standard Armtrac signs next to the entrances of all 3 car parks stipulating that it is private land and parking is permitted with a permit only within a marked bay etc; we have a permit.

In Jan 2017 the gates to our car park were broken and we were unable to access our space; i notified our agent who said someone was on it. When we arrived home later it was still inaccessible so we parked along the edge of the access road with a number of other residents, however when I next went to move the car it had a ticket (for 'unauthorised parking' ) so I again notified our letting agents by phone - and then later by email - who said they would take care of it.

A month (approximately) later we received further correspondence from armtrac escalating the process; I emailed the agents asking why it hadn't been dealt with to be told they were no longer dealing with car park issues. When I asked what I was supposed to do they suggested I take it up with the property management company (basically washing their hands of the situation).

I have continued to try to defend myself as best I can throughout; armtracs charge of 'unauthorised parking' has been vague throughout - their initial email in response to my appeal aluded to 'parking without displaying a permit', alongside pictures of my vehicle clearly displaying the permit! - and i think is a really tenuous charge as signage is negligible and makes no reference to access routes. My latest and last defence communication with a bod from gladstony giving them all of the above information received the response 'if you have a permit it's reasonable to assume you know the rules of parking' which we do - within the car park!! But a) we couldn't access our own space on this occasion, and b) there is nothing to indicate the rules apply outside of the car parking ateas!

[ostell]

Well, the list of forums is displayed, you could select the correct one, such as motoring and parking.

So there were no signs in the area and so how would Armtrac have created a contract with you? You have shown that the original notice said "No Permit" and there was one on display, they can't just change their mind and then say "Unauthorised". If it is unauthorised then there can be no offer to park and to then say that there was a breach of a parking contract is just plain stupid.

Write one more time telling them that there was frustration of any alleged contract because of the mechanical failure. There are no signs in that area to actually create a contract. If they believe they have a contract how where the terms given? There was a permit on display, as per their own evidence, and if they consider the parking was unauthorised then there could have been no contract to park as it is not possible to have a contract to do something that is unauthorised, hence there could be no breach of a non existent contract. Penalties are not permitted in law.

After that just sit back and see what happens. Basically ignore them.

There is a case like this on the Pepipoo forums. Is it you or perhaps another resident? Here's the link

Edit, Sorry I misread and hadn't realised you have a court form. What is the Particulars of claim?

Post up the PCN and any other documents you received.

Take photos of the roadway showing lack of signs on the road.

[Wave_Rider]

Hi yes definitely me - I received a welcome message which said To approach it this way but then decided to do it myself anyway!

Thanks for all the info, I will do about uploading relevant pics...

[Wave_Rider]

[Wave_Rider]

This is where we parked.

[Wave_Rider]

[Wave_Rider]

This is the original pcn

[Wave_Rider]

[ostell]

Edit the PCN so that identifying details are not shown. ie parking charge number and reg no.

That looks like a public road and there are no signs around so how does one know there are any restrictions? How you checked with your local council about the status of the road? Councils normally have a web page with a list of all the roads in their area and wether they are adopted or not.

Can you post up a link to the location on Google Street view then everyone can look for signs etc.

[Wave_Rider]

Yes i realised i shouldve done that but How do I edit the photo once it's posted??

[Amethyst]

done it for you xxx ( should be an edit button bottom right of post? )

[Amethyst]

Seems to be these signs around that area on walls/fences …



https://www.google.co.uk/maps/@50.41...7i13312!8i6656

on the white wall opposite where you parked but a bit further down. That was in 2014 though. Can't see it in your pic.

orange is where it was in 2014

[Wave_Rider]

Yes just coming on to post more pics!