Trace Recovery sent me Text Message

munksey2001

So I’ve had tickets before from parking in my residential bay and not showing my permit etc blah blah blah and have always ignored. I have a couple of tickets from PCM that have now gone to Trace Recovery who are sending me letters but I’m just ignoring. They have sent me a text message saying they are now going to send my case to legal department if I don’t make contact within 14 days? Is this something they do when they are definitely going to now take legal action? I’m never usually worried but now I’m thinking I’m going to have to start a legal battle and want to know if I request for an SAR as my first step if by chance they do take legal action? Or should I still not feel like I have anything to worry about? Thank you 

blackdog2220

trace cannot actually do anything apart from write and txt 
sit back until PCM start writing to you , then at the point where they give you 30 days to reply , or court ask for all info held about by means of a SAR , no point in doing it now 

you would be better addressing the tickets and speaking to landowner to get them cancelled if possible , or start getting your eggs in a basket regarding permission to park , lease and any stipulation IN LEASE about a permit 

munksey2001

I live in a housing assocIation property and they will not intervene they have advised me to speak to parking company or citizens advice bureau. I’m unsure now in regards to ‘lease and any stipulated IN LEASE about a permit’? 

Coupon-mad

Why not just read any other residential thread, they are ten a penny on here and defending a claim from ex-clampers PCM is hardly a 'court battle'!

blackdog2220

I notice this is continuation of your other thread back in 2019? 
the housing assoc , did they hire them , who gave you a permit , housing or parking co 
you have spoken to parking co and cab will do nothing , back to HA , and kick off 

housing assoc , rent agreement , does it state parking contitions or not 

Jenni_D

This thread?

https://forums.moneysavingexpert.com/discussion/5849653/pcm-parking-fines

beamerguy

As said, Trace are only money pests with no power, just block them on your phone, let them waste their time and money

munksey2001

I always ignore trace recovery but how they have got hold of my mobile number is beyond me and think maybe has scared me a little? The permit is given by the parking people who you have to call and pay £10 a permit for. I’m going to check my tenancy agreement in regards to parking and see what exactly says on it. Should my tenancy agreement state something specific that I should be looking out for? I was reading through the newbie threads late last night and will go through them in more details again now. The last thread was for a different housing association I’ve now moved and with a new housing association. Thank you again for your help 

Fruitcake

Your lease/tenancy agreement may or may not say anything about parking. permits, PCNs, unregulated parking scammers, paying a scammer, and court.
What it does not say is just as important as what it does say.

For you to have a legally binding contract with the scammers, it must be specifically written in your lease/AST, which has primacy of contract over anything a third party scammer has to say. 
Your lease/AST will be your starting point.

You could also ask the MA/HA when (don't ask if) a ballot in accordance with Section 37 of the Landlord and Tenant Act was carried out that allowed them to vary the terms of your lease. Also ask them the result of the ballot and whether the majority of people in favour of allowing a scammer to infest the site met the strict requirements of the Act.

Do not contact the CAB. Whilst they are good at somethings, they are clueless about the unregulated private parking industry.

D_P_Dance

Read these

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

Complain to your MP and google "Primacy of Contract.

D_P_Dance

This poster is  the problem, not my occasional mistakes.  He has been banned twice in the last three months for harassing me.  Each time he returns under a different user name. I think that I am being fair.

Who is Trev?