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Is it too late to stop the process?

Hi, thank you for reading. 
I have read the newbies forms, and I’m after some advice. 
I have received a debt collection letter from TRACE legal department asking for £160. 
I do normally ignore these letters, and it all goes away. But I was using my mums car and parked in a residential bay (which I have a permit for) but am told it was not visible. My mum panicked, because the letter has come in her name and rang them to explain. They have currently put the case ‘on hold’ whilst we appeal. Of course this is going to be refused because it’s with PCM. 
I’m going to the landowner and asking if they can contact the parking company to get the fine cancelled. If that doesn’t work, what is the next step? Now we’ve spoken to them on the phone - am I screwed? 

Comments

  • Umkomaas
    Umkomaas Posts: 44,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You're only 'screwed' if a Judge tells you. As your mother is at the debt collector stage, she can safely ignore their letters. Please note this is your mother's case to deal with, but you can do the heavy lifting in terms of dealing with the paperwork (but everything in her name, not yours), should it get to a court claim, which without a landowner cancellation is likely to be the next step - should PCM decide to go that far. It's all in their hands, but nothing for you or your mother to panic about. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • renlitai
    renlitai Posts: 46 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Regardless if they’ve been contacted via telephone conversation? 
    Everything is in her name but I was the one driving and parked the car, so I’m responsible for it and don’t want anything to go against her.
    You say about it going to court claim, and nothing to worry about, what do I do then? I’v been recently been given a ccj for a car that was not registered to my current address as it had been SORN years prior when I lived at the old address and is no longer in my hands. So I’m really trying to avoid getting to this stage again. I’m getting so overwhelmed and really don’t want my mum in this situation. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Unless she names you as driver , the letters and Court claim will come to her , not to you

    We don't want your poor mum in this situation either , but it is what it is , so until the letters come in your name , you are just a helper and advisor
  • Coupon-mad
    Coupon-mad Posts: 160,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 May 2021 at 10:35PM
    really don’t want my mum in this situation. 
    Then Mum names you as the driver, not by phone, but in writing/by email and gives your name and POSTAL address (even if it's the same as hers) and states that you had a permit on display in that car and that the family will be complaining to the Managing Agent.  Then she asks them to reissue the PCN to you instead and to transfer liability.  Then you get the letters.  And in the meantime you complain to the MA.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way
    Half_way Posts: 7,685 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is this your own space??
     if so then why on earth do you need a permit to use something that is yours?
    do you also need a permit to flush the lavatory after 10pm?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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