Trace PCN on behalf of NCP

KevCan86

Hello community,

I have received my third letter from Trace Recovery on behalf of NCP car parks looking for £170, the first two I chose to ignore but they say they are passing it to their escalations team after reading advice on some other sites i'm doubting myself as whether ignoring these is the correct course of action and hoping you can point me in the right direction.

I'm based in Scotland and the alleged incident happened in a Glasgow NCP carpark late last year. Trace claim is that I parked at NCP and left without paying, they also claim
that NCP had already sent me a first letter asking for payment of the original ticket which I apparently ignored therefore requiring Trace to be appointed.
However I can confirm with certainty that no such letter from NCP was ever received.

I do use the car park on time to time but my car is also used by other members of my family and friends on occasion  I can't even say for sure who was driving, I did recall one day where the ticket machine froze during the payment process which may or may not have been the day, I can't say for sure, but either way I assumed in good faith payment had gone through and really to be honest if they can't maintain their machines then that is on them.

On receipt of the first Trace letter I did e-mail the NCP and advised
1) I didn't receive any first letter from NCP before Trace were appointed, therefore Trace should not have been appointed as I would have happily dealt with NCP directly.
2) I don't recall the incident.
3) I offered to pay the original fee clearly stating as a good will gesture in case I was in the wrong, but I said I would not be dealing with Trace in any shape or form.

The NCP's only response was that once Trace are appointed then I can only contact Trace, which I obviously have decided not to do.

The way I see it NCP and the have chosen not to accept payment of the original ticket, they also did not send me any first letter so appointment of Trace was unfair. Also £170 for around a £5 parking ticket is quite frankly absurd and I think unfair.

So ultimately I just want this gone, what I want to know is should I pay it or not?
I know Trace are a bunch of powerless, but ultimately I don't want to go to court, so how serious is their threat?
Will ignoring these letters likely land me in court or am I good to continue ignoring.

Thanks in advance

Coupon-mad

It won't go to court as you stay in Scotland.  Things will change soon but not for old PCNs.

In future the advice for Scotland will be to appeal, due to 'keeper liability' coming in soon.

patient_dream

KevCan86 said:

Hello community,


I know Trace are a bunch of powerless, but ultimately I don't want to go to court, so how serious is their threat?
Will ignoring these letters likely land me in court or am I good to continue ignoring.

Thanks in advance

Trace are no threat and they cannot take you to court.  As you say 100% powerless and pointless
Let Trace waste their time and money. it's a problem them.

Just wait, maybe you will get a LBA from one of the dodgy legals who don't realise it's Scotland

D_P_Dance

The chances of your going to court inn Scotland for a single claim are small indeed.

KevCan86

So the latest update is that I received another letter but this time from BWLegal, it kind of just says the same stuff, pay £170 or it may result in going to court. Wondering how it got to them, perhaps Trace gave up and passed it on or NCP changed recovery services. Do BWLegal have any more clout than Trace or can I file this with the rest of the toilet paper?

Thanks in advance

Coupon-mad

BW are solicitors, so if you were in England you'd expect a court claim.  But not in Scotland.

KevCan86

Another letter in today from BW legal advising that if no response by 21st June then they will proceed to a letter of claim on expiry after which if there is no arrangement made to settle then their Client WILL proceed to legal proceedings.

Anyone have experience of this letter of claim on expiry nonsense? What is it and can I continue to ignore? When will this all end? Every time I think it's over with another letter arrives .

Umkomaas

Continue to ignore. Come back so we can all have a good laugh if BWL are daft enough to attempt to instigate court proceedings in Scotland. 

KevCan86

Update: I have had a letter in June and again in July from BW saying each time that the final date would he the same date next month.

Then this month another letter, this is more strongly worded.

I'm assuming good to keep ignoring. At this stage I'm just wondering how much longer until they run out of steam? The alleged offence was now a year ago.