Author Topic: Cornwall Parking Charge  (Read 14009 times)

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Offline jonesy

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Cornwall Parking Charge
« on: 30 June, 2015, 09:44:56 AM »
Hi All
Would you like to have a read of the following and comment /advise/ recommend what action to take <_>.

Someone parked their car in a small car park in Sennen Cove Cornwall( top end near the lifeboat station) The charge for parking appeared to be a reasonable £1.00 for a couple of hours :aplude: which is even payable on a Sunday W:T:F:. The person went to pay and after finding the machine was playing up by rejecting his pound coin <bashy2>, he tried another couple of coins, Eventuality the whirred and clicked and a message appeared in the small window. W:T:F: "This Transaction is compete" but no ticket was produced <_>. The person tried again to obtain a ticket and whilst doing so spoke with another punter using the adjacent machine which also appeared to be giving him problems. :bashy: <Flogging> Having tried again the same message appeared Transaction complete.
As it was quiet and plenty of spaces around 1100 am he decided to have a wander to a local café form an all day breakfast. <Yes!> This was followed by a walk up to the headland to absorb the wonderful vista laid out before him. He was at one with nature and following a moment of reflection of his dearly departed wife made his way back to the car, and drove off.
Back at the accommodation some 50 miles away he notice something stuck to the windscreen and under the drivers side wiper blade. Closer examination reviled and yellow sticky bag containing parking ticket (Picture 1)
Feeling extremely angry <Swearyangry> he couldn't understand why he had received this notice, but as it was a Sunday was unable to contact anyone. As he was holiday the ticket was forgotten about <Whistle> until Saturday 28th June when a letter postmarked from Truro arrived :o which is demanding that £100 :o be paid a penalty for paying the original charge. ( picture 2) it also states that that if not paid enforcement action will be taken and additional cots incurred.

He would now like to make the following observations.

The ticker was not clearly displayed on the car as it wasn't seen until arriving back at the hotel. It was placed under the wiper blade but as the a below the eye level of the bonnet and in a recess and hidden from view from the driver.

The ticket machine was faulty it either didn't accept the coinage correctly ( two or three pound coins were used until the machine started to work. No ticket was printed out and the message in the window was very ambiguous.

3 The original date of the incident was 26th April and he only just received 28th June any correspondence in relation to the matter

Over to you guys he awaits your comments etc.       
 other photos to follow

Offline jonesy

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Re: Cornwall Parking Charge
« Reply #1 on: 30 June, 2015, 09:46:43 AM »
more photos

Offline jonesy

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Re: Cornwall Parking Charge
« Reply #2 on: 30 June, 2015, 09:47:47 AM »
I more

Offline Ewan Hoosami

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Re: Cornwall Parking Charge
« Reply #3 on: 30 June, 2015, 07:25:07 PM »
All your photos are of the same sPeCulative iNvoice. Do you have anything else such as signage, etc.?

Keeper liability does not apply for this one as the NTK was served more than 56 days after the NTD.

8 (5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

Note this is The IPC Ltd kangaroo court so will reject anything. It's very doable though and you'll get plenty of help.

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline jonesy

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Re: Cornwall Parking Charge
« Reply #4 on: 01 July, 2015, 11:50:17 AM »
 Thanks  Ewan Hoosami

No photos of the signage was taken as the person didn't think there was a need to do so.  they only other photos are copies of the threatening letter which was received on 27th June some  2 months after the incident.

Offline Ewan Hoosami

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Re: Cornwall Parking Charge
« Reply #5 on: 01 July, 2015, 04:45:44 PM »
OK so here's a heads up on the Insidious Parasite Corporation,

http://parking-prankster.blogspot.co.uk/2014/12/independent-parking-committee-kangaroo.html

I think you can understand that whatever your case to The IPC Ltd, you will be judged guilty so it matters not whether your friend appeals. The 'threatening letter' you have is what passes for a Notice to Keeper in the weasel's world. As I said before, keeper liability does not apply as the NTK was served outside of the relevant period as per para 8 (5) of sch 4. If your friend does decide to appeal, keep it as third person and keep away from what actually happened. Something like this,

Dear appeals department,

The registered keeper was unaware of the parking event described in the Notice to keeper dated 25/6/15. You are now invited to cancel your speculative invoice along with any associated action.

The Registered Keeper

If you ignore, the next bit of bog paper you receive will be an assertion that the keeper has not responded to the NTK so keeper liability now applies. This, as you know, is bollocks. You can respond at this point or continue to ignore.

I, personally, would get the above appeal rejected by Armtrac and then make the keeper liability issue clear to The IPC Ltd baristas. Mick Cooke (Armtrac head weasel) has to shell out £15 to IPC and his card is also marked that you are not the usual pushover. You should however warm up to the concept that this could end in a court appearance.
Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline jonesy

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Re: Cornwall Parking Charge
« Reply #6 on: 31 July, 2015, 01:07:52 PM »
 Having chose to ignore the previous letter. Another scary letter arrived today  W:T:F: what do you think should be done <_> I don't think surrender is an option  <Surrender> what to do  :idea:
Jonesy

Offline Ewan Hoosami

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Re: Cornwall Parking Charge
« Reply #7 on: 31 July, 2015, 02:26:58 PM »
what do you think should be done?


F :o ck all is the short answer. You are now at the stage where you have nothing to lose by continuing to ignore. Any protest on your part will fall on deaf ears so I wouldn't even be arsed wasting my time. Mick Cooke is now in the unenviable position where the only person he can pursue for this is the driver and since the registered keeper was not the driver on the day I'd say that Mick can go and f :o ck himself. He is known for issuing court proceedings but with the right defence he has no hope on this one.

First up is lack of keeper liability. See my reply number 3 above. I have not had the benefit of any photos but on the whole, signage is completely inadequate (especially for weasels like Mick Cooke) I'd question the signage because the weasel will have to provide photographic evidence which we can then comment on. We can also question Armtrac's right to issue tickets on the land. We want to see a valid contract between the landowner and Armtrac giving them permission to pursue victims in their own name.

I have plenty more if Mick fancies a go including Town and Country planning regs. Oh and a quick FYI for you, that letter is about as scary as an episode of Pingu.


Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline Ewan Hoosami

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Re: Cornwall Parking Charge
« Reply #8 on: 31 July, 2015, 03:22:48 PM »
Yup just checked on the Cornwall.gov planning portal and no consent exists for car park signage anywhere in Sennen Cove. Any weasel (it says person in the legislation but weasel is more appropriate in this case) who displays signage without the relevant consent under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) commits a criminal offence in doing so. As M'learned Eagle will tell you, if a crime has to be committed to create a contract then that contract is illegal and unenforceable.

Appealing to the council is like playing chess with a pigeon. You might be a chess grand master but the pigeon will always knock all the pieces over, shit on the board and then strut around triumphantly.

Offline BGB

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Re: Cornwall Parking Charge
« Reply #9 on: 31 July, 2015, 03:42:38 PM »
As m' learned friend Mr Hoosami states, you are now in ignore mode.  Ignore everything except stamped court papers (which originate from Northampton Court).  However, the weasels would need to be exeptionally stupid to expose their protection racket to a proper court.

Offline The Bald Eagle

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Re: Cornwall Parking Charge
« Reply #10 on: 01 August, 2015, 03:39:11 AM »
If they are wise they will realise that they are in a hole and should stop digging.

If they are wise they are reading this.

If they are wise they should feck off now because this is one that may set a precedent they wouldn't want.

If they are unwise, perhaps you should give certain people a call BGB. ;)
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Offline jonesy

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Re: Cornwall Parking Charge
« Reply #11 on: 01 September, 2015, 04:21:59 PM »
Hi All
with regards to the Cornwall ticket
Today a letter from TnC services was received photo 1 and 2  who state are the parking firms clients as you can see they are now demanding "IMMEDIATE " action today (1st Sept 2015) or they will be contacting their litigation department.
There is some very interesting information on the reverse of the letter which provide what litigation means
apart from the ignore it, burn it, which I suppose is the same thing what if anything should be the next/best course of action 

Offline jonesy

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Re: Cornwall Parking Charge
« Reply #12 on: 01 September, 2015, 06:51:42 PM »
Photo of sign and charges

Offline The Bald Eagle

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Re: Cornwall Parking Charge
« Reply #13 on: 02 September, 2015, 12:02:27 PM »
Have just read this thread again and for the life of me I can't find any reference to the fact that Jonesy's mate had the right to appeal to Armtrac, or to the IPC's kangaroo court until after the time to do so had expired.

PoFa Schedule 4 states:

(5)In sub-paragraph (2)(d) the reference to arrangements for the resolution of disputes or complaints includes—

(a)any procedures offered by the creditor for dealing informally with representations by the driver about the notice or any matter contained in it; and

(b)any arrangements under which disputes or complaints (however described) may be referred by the driver to independent adjudication or arbitration.


Or am I missing something?

If not it is something else to be thrown in the mix if they are stoopid enough to send this one to court.

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Offline jonesy

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Re: Cornwall Parking Charge
« Reply #14 on: 06 September, 2015, 09:12:25 AM »
Hi
Well they don't seem want to give up! yet another letter, this one came yesterday.It appears there will be 7 days from post mark (03/09/2015) the then legal proceedings will be taken

 


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