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Trace Legal Department Letter.

Yankeecandle123
Yankeecandle123 Posts: 16 Forumite
edited 26 June 2019 at 5:04PM in Parking tickets, fines & parking
Hi guys, I’ve read the newbies stick page but haven’t seen anything similar to my situation.

I received a PCN in the post from CPM (UK Car Park Management) but I had only received a final demand letter in the post around 12/13 days after the date stamped on the letter yet the date of issue being a month prior to that? I don’t know if there was a delay in this being sent of or got lost at postal office or what but there we go.

As far as I’m aware this was not sent recorded or tracked?

I have been receiving letters from a Trace Recovery and been ignoring them as mentioned in the threads, but due to the lateness in which I received the letter from the PCN I did not appeal or contact the parking company to dispute.

I have now received a letter from Trace Legal Department saying they are assessing the case and may take me to court.

It’s a bit of a weird situation on how this ticket was obtained as it had said upon entering the car park there is a private company monitoring but a ticket was purchased and car was parked in a space without a sign above it yet still received for ‘unauthorised parking’. Ticket that was purchased still remains.

The two spaces beside had the parking sign but the space in which the car was parked in did not and reflects this in the image attached to the PCN.

I have taken pictures of the car park so should this go to court I will advise from my point of view how this is redundant and not clearly stated as to the spaces which are enforced in the policy and not.

Do I need to respond to trace or await a court letter and also how likely is it that trace will proceed with court actions?

I would go back to the PCN but by the time I received the final demand it was past the 28 days, is it worth my contacting the parking company to explain this, although it is now 3/4 months since PCN issued and 2/3 months since final demand received?

Many thanks for help guys!
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edit your last post to say DRIVER and KEEPER

    no "MY , ME , MYSELF & I"

    the driver parked up , the driver bought a ticket etc

    is this for a pcn in England or Wales ? or was it in NI or Scotland instead ?


    TRACE wont proceed with court actions , but UK CPM will
  • Hi Redx

    I will amend the post.

    This is a PCN in England and would the letter come from Trace as CPMare looking to proceed? 🤔

    Many thanks,
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    any LoC or court papers will come from either UK CPM themselves or a solicitors like Gladstones (usually)

    ie:- from the claimant or from a legal bunch employed to do it for them
  • Thank you,

    Isn't there also solicitors letters which can come from a debt recovery and will state they are collecting on behalf of the debt recovery company and they are similar to be ignored or maybe i read it wrong?

    Only if they mention they are acting from the actual parking company and state that it is a LBC should i then respond?

    If this had been received in time, this would of been disputed with the PCN at hopefully wouldn't have an issue! I will also request a SAR from the PCN should i receive such solicitor letter.

    Would you mind advising me which post number is related to actual solicitor letters and how to respond?
  • Redx
    Redx Posts: 38,084 Forumite
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    you are correct, which is why you check the source, same as you do with emails, to see if they are genuine or not

    they may not call it an LBC, but it will have financial forms and a 30 days to reply window if its an LoC, no matter who sends it (they usually call it a Letter Of Claim nowadays, but not always)

    a SAR can be emailed anytime , no sense in delaying it , I would also email the DVLA and ask when the keeper details were accessed and by whom as well

    post #2 of the NEWBIES sticky thread deals with solicitors letters and court papers
  • Thank you for this.

    I will go through and request a subject access, will this not spark them to proceed with court or chase for the debt?

    If i am to receive court papers or anything of the sort, i will ensure this is legitimate and look through the newbies thread on this.

    The letters wording however reads:

    Our client has now instructed us to assess and prepare your cases to take potential legal action against you in the County Court.

    Surely the client wouldn't ask the debt collectors to assess and prepare as they cant do anything?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    maybe TRACE can do so , who knows ?

    if they have a litigation department and employ solicitors they could do so, or they could do the prep work before its handed to a firm of solicitors to do so (or UKCPM could issue the MCOL as claimant instead) - you are overthinking this

    its not about what may happen as you have no control over it

    its reactive, if a formal LoC comes in the post , react with the SAR etc

    if court papers come from the CCBC in Northampton (google MCOL) then they will definitely be genuine and have the details on them , such as the claimant and the POC, in which case you react

    there is no ambiguity here

    a real LoC will come from a legitimate source with the correct forms and timescale, and MCOL court papers come from one government office in Northampton (they are unlikely to come from Salford)
  • I am a bit of an over thinker, but just want to feel that if the worse scenario happens, that i will be prepared and wont need to pester anyone on here any further! (probably will as not all great on stuff like this!)

    Ironically, the Trace Legal Department is based in Northampton and also the letter is signed off by the Litigation Manager so guess they do!

    I have the pictures, template for the SAR on LegalBeagles and the ticket that was purchase and read a thread regarding poor signage defense which is similar!

    I do thank you for your help and sorry to bother you!

    If you think i am missing anything let me know!

    Should i ever be in this situation again, appealing to the PCN at point of receiving the ticket would be the best option?
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper

    Ironically, the Trace Legal Department is based in Northampton and also the letter is signed off by the Litigation Manager so guess they do!


    That is a mail drop address, and don't forget you are dealing with liars and scammers.


    They can make up titles for anyone it doesn't mean they are legally trained or solicitors.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 26 June 2019 at 6:22PM
    The letters wording however reads:

    Our client has now instructed us to assess and prepare your cases to take potential legal action against you in the County Court.

    Surely the client wouldn't ask the debt collectors to assess and prepare as they cant do anything?


    Do you believe in fairies ?? THEY DO ?

    It's just verbals to get you going, which it has.

    The so called debt does not, or ever will belong to Trace, meaning they cannot take you to court. Once they realise you are not a mug, they pass it back to the PPC because they failed.

    The PPC then decides what they want to do and as Redx says, they will probably pass it to the incompetent Gladstones solicitors who will prepare the case ...... See .... TRACE are telling you porkies

    Before you can be taken to court, Gladstones will have to send you a real letter before claim giving 30 days to respond.
    If they send a letter pretending they are a debt collector or even a scary letter on Gladstones paper giving you 14 days or less than the 30 days ...... , rest assured, they still think you are a mug

    How do we know ??? We see it all the time and it's just like a bad repeat on TV

    Do you understand this ?

    Ironically, the Trace Legal Department is based in Northampton and also the letter is signed off by the Litigation Manager so guess they do!

    Does not matter where they are. You know what, you could call yourself a Litigation Manager ..... whatever that means, any old fool and his dog could say this. DO NOT FALL FOR THIS RUBBISH
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