Car Parking charges and false information from Ipserv Ltd

Cardriver45

This is the latest from Trace Legal Department. I noticed that there is a signature this time under litigation manager. Is there any way to prove that Trace Legal Department doesn't exist?




 

Jenni_D

It's still a debt collector letter - a formal LBC should give 30 days to pay I believe.

(We're giving you another chance to pay up, else this time we really really will suggest to our client that they think about court action) 😂

Coupon-mad

They don't have a Legal Department because they have no supervising solicitor.  Have you looked up his LinkedIn page?  Not a solicitor, I guess?!

Jenni_D

I can't find any such person with that name with any association with Trace.

Cardriver45

I shall be making a complaint with the CSA.

Here is a draft of what I've written for the complaint summary on the complaint form to send to the CSA.

I received a letter from Trace Debt Recovery dated 24th September 2021 for the alleged debt of £160 for their client Ipserv.

This letter claims that if I do not settle the alleged debt then I may be taken to court and should this happen, the action will result in a CCJ.

This is a false and misleading claim about the consequences of court action as a CCJ would only be issued if the appointed judge ruled against me and then I failed to pay within the allowed 30 days. Not for court action being taken against me.

Trace again emphasises the consequences of a CCJ being registered against me on their letter dated 12th November 2021.

This is clearly an attempt to mislead and intimidate me into paying the alleged debt.

This is in clear breach of the CSA code of practice

Section 11

Paragraph

C; Not mislead customers as to the consequences or inevitability of consequences arising from any legal or bankruptcy action.

In the letter dated 12th November 2021 from Trace it is headed Trace Legal Department and signed by a Litigation manager.

Trace have no such department as they have no supervising solicitor. As they are not the alleged creditor but an acting agent, Trace have no lawful right to take legal action.

This is in clear breach of the CSA code of practice

Section 2

Paragraph

b. Conduct their business under names, titles and trading styles which are not intended to confuse, mislead or embarrass clients, creditors, customers or members of the public, and which will not imply any association with other organisations, governmental bodies or persons which either do not exist or carry no association with the business.

Section 7

Paragraph;

a. Conduct their practices in a way consistent with treating customers fairly and ensure they are ethical, legal, clear, fair and not misleading

section 8

Paragraphs;

c. Not refer to litigation or insolvency proceedings unless the commencement of proceedings is genuine and intended.

g. Not use wording which could be considered as aggressive, threatening or misleading.

l. Not use trading styles which are likely to mislead or confuse

I have looked on the Trace Enforcement Group website and the CSA code is not available on their website.

This is in clear breach of the CSA code of practice

section 2

Paragraph

c. Make available on their website (if they have one), or following a request, a copy of this Code.

Trace Debt Recovery have added on a false £60 admin fee to the alleged debt. Trace openly advertise that they operate on a no fee basis to Private Parking Companies, so this fee is unjustified.

Added extras fees in this manner has already been ruled as unlawful by 

Moneyclaim is in part/wholly a penalty, applying the authority in ParkingEye cases (ref: paras 98, 100, 193, 198) ParkingEye Ltd v Beavis [2015] UKSC 67 and para 419 of HHJ Hegarty’s High Court decision in ParkingEye Ltd v Somerfield Stores Ltd ChD [2011] EWHC 4023(QB) where the parking charge was set at £75 (discounted to £37.50 for prompt payment) then increasing ultimately to £135.  Much like the situation in this claim, the business model involved sending a series of automated demands to the keeper.  At para 419, HHJ Hegarty found that adding £60 to an already increased parking charge 'would appear to be penal' and unrecoverable.  ParkingEye had dropped this punitive enhancement by the time of Mr Beavis' famous parking event

This is in clear breach of the CSA code of practice

Section 11

Paragraph

k; Only impose costs and interest on customers to which they are lawfully entitled.

Coupon-mad

Are Trace registered with the CSA?  Parking firms are unregulated, at present, and most are not.

patient_dream

TRACE ?    more rubbish.
Me thinks that Martina thinks she is well above her station in life and she should get a proper job instead of wasting your time

Trace play no part in this scam and they should consider how they waste their own money

DEBT COLLECTOR DRIFFLE

Cardriver45

Coupon-mad said:

Are Trace registered with the CSA?  Parking firms are unregulated, at present, and most are not.

Yep, they proudly state on the Trace Recovery group website how they are a member of the CSA. I also messaged the CSA and they confirmed Trace are a member.

Should I make the complaint to Trace first?
That way according to the CSA code of practice, Trace have to put the debt on hold whilst the complaint is being investigated.

Coupon-mad

Yes, do it properly as per CSA guidelines. 

Might be fun to ring up and ask for Markus Williams then when 'he' comes to the phone ask why his voice is completely different than last time you spoke to 'him'...(just for the laughs).

Cardriver45

Coupon-mad said:

Yes, do it properly as per CSA guidelines. 

Might be fun to ring up and ask for Markus Williams then when 'he' comes to the phone ask why his voice is completely different than last time you spoke to 'him'...(just for the laughs).

Ok I'll just add this to what I have written above and change the parts so it addresses Trace rather than the CSA

Dear Sir/Madam

I am writing to you to make an official complaint about your conduct.

I remind you that under the CSA code of practice section 4 Paragraph a. your members shall cease recovery activity while investigating a complaint