Trace Debt Recovery - could it go to court?

elliot5200

Thanks to @Gr1pr's brilliant detective skills, I'll also be writing to Colliers - thanks so much!

Here are the rewritten letters I'm proposing:

LETTER 1 TO TRAVELODGE

Dear Sir/Madam,

I am writing to complain about the Parking Charge I received for parking in your Travelodge car park (Wisemore Central, Walsall) after staying in the hotel (booking reference xx).

I had tried to pay for parking repeatedly by calling the number signposted inside the  Travelodge hotel (02030460010; see image attached). However, I kept getting the same error message: “Unfortunately our IDR service is unavailable for this number. Please download our app or visit MyRingo.com”. You can try this for yourself now, and you’ll get the same response.

I didn’t understand this error message and there was no one at the desk to help. It was also not possible for me to pay online and I wasn’t able to download apps on my phone either.

It transpired that Travelodge were displaying an incorrect or outdated number. The correct number, as displayed outside in the car park was 0330 311 2999 (I’ve also attached an image of the sign in the car park for reference, as well as my parking charge).

I later got a parking invoice (PCN ref xxx) for £100 which I appealed and lost (their reply, also attached). I’ve now had a letter from Trace Debt Recovery (also attached) demanding £170 and am getting really stressed.

I had been a loyal Travelodge customer, using your hotels for several years across the country and had had a really positive impression of the chain until now. Although it is a chain, it has a distinct family feel to it which I really valued. However this experience has really ruined it for me. I get anxious to check my post every morning just in case there’s another letter from one of your agents chasing money from me. Friends and relatives of mine who have also stayed in your hotels in the past are also very concerned about my experience. For long-standing customers to be slapped with a £100 fine (now, £170 according to Trace debt collectors) on behalf of your agent is really unacceptable.

[ISN’T THIS PARA TOO THREATENING – SHALL I REMOVE/CHANGE SOMEHOW?] As Travelodge are jointly and severally liable for the actions of their agent, I will hold them liable for any future court action by Ocean Parking, as I will have the option for a Part 20 Counter Claim for harassment and breach of my GDPR should it progress that far.

I look forward to a response from you on this and trust that you can urgently get in touch with Ocean Parking to cancel the PCN (ref xx).

Yours faithfully

[name]

LETTER 2 TO LANDWONERS - one to CORDWELL and one to COLLIERS (same wording for both)

Dear Sir/Madam

I am writing to complain about a Parking Charge I received when parking in Wisemore Central, Walsall on 5 February (PCN number xxxx).

I had tried to pay for parking by ringing the phone number displayed at the Travelodge desk. The sign in the hotel said: ‘Important notice for all Travelodge Guests regarding the Car Park!’ It gave the phone number to pay for parking as: 02030460010.

When I rang that number, I was then presented with an error message, as you’ll see if you try it. For me, paying through the phoneline was the only option as I wasn’t able to download apps or go online. I then went outside to see the parking signs displayed by Ocean Parking.

On the sign (attachced), you’ll notice ‘Pay by Mobile’ is prominently listed in bold in its own section, indicating it is the only way to pay. It later transpired that if you look very carefully at the sign, hidden, right at the bottom, in smallprint is a support phone number, different to the one in Travelodge: 0330 311 2999 (a blurry image attached as I was in a rush).

It feels like obscuring the phone number right at the bottom like this is a deliberate attempt to catch people out who don’t have access to paying by phone apps; not to mention it being highly inaccessible and discriminatory to those without the use of a smartphone or elderly users.  

I later got a parking  invoice (PCN ref xxx) for  £100  which I appealed and lost (their reply, also attached). I’ve now had a letter from Trace Debt Recovery (also attached) demanding £170 and am getting really stressed.

I also get deeply anxious to check my post every morning just in case there’s another letter from one of your agents chasing money from me. Friends and relatives of mine who have also used the Wisemore Central car park are also concerned about my experience and how your agents are treating customers. For customers – who have accessibility needs and could not manage to read the smallprint buried right at the bottom of the signs – to be slapped with a £100 fine (now, £170 according to Trace debt collectors) on behalf of your agent, is really unacceptable.

I look forward to a response from you on this and trust that you can urgently get in touch with Ocean Parking to cancel the PCN (ref xx). 

Yours faithfully

[name]

LETTER 3 TO WALSALL COUNCIL:

Very similar to the landowner one but slightly different ending:

From a quick search online, I see I’m not alone as well, and dozens of other people have been complaining about the same car park.

I later got a parking invoice (PCN ref xxx) for  £100  which I appealed and lost (their reply, also attached). I’ve now had a letter from Trace Debt Recovery (also attached) demanding £170 and am getting really stressed.

I also get deeply anxious to check my post every morning just in case there’s another letter chasing money from me. Friends and relatives of mine who have also used the Wisemore Central car park are also concerned about my experience and how Ocean Parking are treating customers. For people in Walsall – who have accessibility needs and could not manage to read the smallprint buried right at the bottom of the signs – to be slapped with a £100 fine (now, £170 according to Trace debt collectors) on behalf of your Ocean, is really unacceptable.

I look forward to a response from you on this and trust that you can urgently get in touch with Ocean Parking to cancel the PCN (ref xx).

And with the addition of this at the beginning: I was in Walsall helping my aunt out as she had a hospital appointment at Walsall Manor Hospital.

And for reference, in all the letters I'll include a screenshot of this sign where you can see how obscured the phone number is - which I'm arguing makes it inaccessible:

Please let me know if you have any suggestions before I send!

Gr1pr

Not just me, I did a search due to the post by GrannyKate, so GK should be applauded for the initial information regarding the redacted details 

I think that the proposed council complaint is flawed and incorrect because they have nothing to do with this, UNLESS you or someone else knows different. ?

The main parties are 

Cordwells as landowner 

Colliers as managing agent 

Anchor trading as Ocean parking, as contracted parking company 

Travelodge ?

elliot5200

I thought it would also be worth the council knowing due to the accessibility complaint (i.e. the mention of the option to pay by calling a phone number in tiny smallprint right at the bottom of the sign). Perhaps they have power to cancel it too. Was worth a try I thought! Anyway, please let me know if there's any tweaks you think I should make and thanks again!

Also, you mention to contact Anchor/Ocean but I believe there's no point doing that as they'll just say it's in the debt recovery agent's hands now - plus I've already tried to appeal to Ocean!

Coupon-mad

Don't bother with the Council.

The paragraph that you worry is too pushy isn't, but you have it in the wrong complaint. Travelodge aren't jointly & severally liable.

The company who contracted Ocean are.

elliot5200

Ok, thanks @Coupon-mad - that makes sense - will move that para into the letters to Cordwell and Colliers instead. Any other recommendations other than that? Reckon it's worth complaining to Anchor Security too?

Coupon-mad

No point complaining to Anchor group about their own conduct.

elliot5200

Just want to be absolutely sure this line doesn't sound too aggressive for the Cordwell and Colliers letters? I don't want to sound threatening, or they may no longer be interested in 'helping':
As your company are jointly and severally liable for the actions of your agent, I may hold you liable for any future court action by Ocean Parking, as I will have the option for a Part 20 Counter Claim for harassment and breach of my GDPR, should it progress that far.

Regarding contacts, I was going to write to:
- Colliers: (Removed by Forum Team) Head of Colliers Birmingham Office ((Removed by Forum Team)) - and also possibly the CEO?
- Cordwell: [no specific contact name] 2 Mill Pool, Nash Lane, Belbroughton, Worcestershire, DY9 9AF
- Travelodge: Customer Services, Travelodge Hotels Ltd, Sleepy Hollow, Aylesbury Road, Thame, Oxon, OX9 3AT

And finally, thank you to @GrannyKate for your detective skills in tracking down Colliers!

GrannyKate

I must caution that my suggestions that it is Colliers is only an educated guess based on the old address format.  You may  want to say that you believe that they signed the contract on x date. 

Castle

I can't see a company registration number or the name of "Anchor Security Services Ltd" on the sign; therefore, no legal entity has been disclosed on the "contract" as "Ocean Parking" is only a trading name, not a legal entity.

elliot5200

Thanks everyone. Gonna send the letters (from my post on 15 June at 3:22PM) out today so please let me know if any last changes...

elliot5200 said:

Just want to be absolutely sure this line doesn't sound too aggressive for the Cordwell and Colliers letters? I don't want to sound threatening, or they may no longer be interested in 'helping':
As your company are jointly and severally liable for the actions of your agent, I may hold you liable for any future court action by Ocean Parking, as I will have the option for a Part 20 Counter Claim for harassment and breach of my GDPR, should it progress that far.

Regarding contacts, I was going to write to:
- Colliers: (Removed by Forum Team) - Head of Colliers Birmingham Office ((Removed by Forum Team)) - and also possibly the CEO?
- Cordwell: [no specific contact name] 2 Mill Pool, Nash Lane, Belbroughton, Worcestershire, DY9 9AF
- Travelodge: Customer Services, Travelodge Hotels Ltd, Sleepy Hollow, Aylesbury Road, Thame, Oxon, OX9 3AT

... With this adjusted para for Colliers and Cordwell which hopefully isn't too aggressive and will go against me!