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Pending Legal Action TRACE Recovery, Case selected for county court, call to prevent this action
Veritas1
post Thu, 21 May 2020 - 09:38
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Dear PePiPoo forum ,

I would be very grateful for your advice on dealing with a parking notice.

I parked in Worthing on 29th December 2019 and purchased a ticket from GXS Services Ltd. I parked and paid for an hour. The ticket was clearly displayed in the rear windscreen of my car. GXS services issued a parking charge notice 21 min after I purchased the ticket. I have kept the ticket. Three other people witnessed that I paid and displayed the ticket. In their notice GXS services claimed that I failed to display a valid ticket.

I wasn't worried at that stage. It was very dark and I thought they simply hadn't seen the ticket. I followed their procedure and appealed against the parking charge the next day, sending them a photograph of my ticket. The company rejected the appeal immediately by email.

I followed the path suggested on the parking fine notice which suggested that I appeal via IAS. I needed to make this appeal within 21 days of receiving the rejection by GXS of my initial appeal. However, when I tried to appeal through IAS, I found that couldn't submit my appeal because the system did not recognise the parking charge or the registration of my car. The advice from IAS was to go back to the parking company.

This proved to be impossible. I wrote to them, I rang many times and left messages but did not receive an answer. I complained to their complaint department but my emails resulted in 'failed delivery' notices.

I tried to log on to the appeal process at IAS many times, but this was impossible. I contacted the CAB who said that I had a good case to fight.

Later, I complained to IAS via their complaints procedure that I had not been able to lodge an appeal against the fine with them. They admitted that GXS services did not submit my details to them until 20th Jan 2020. This was 21 days after my appeal to GXS was refused, and meant that I had only the remainder of that day to lodge my appeal with IAS. Unfortunately I was not aware that IAS had received my details on 20th Jan, so I did not lodge my appeal on that day. I still have a pending complaint with them and I hope they will look into it.

Meanwhile I have received letters and emails from the debt collector firm TRACE recovery. The most recent email says that my case is selected for county court and I should give a call to their Legal Dept to prevent the action.

My questions are : Should I call them?
What should I do in preparation for court action?

It appears to me that others have had a similar problem with GXS and have also suffered a lack of ability to appeal. To me it feels like a scam but I would like to have your expert advice,

Kind Regards


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Veritas1
post Sat, 23 Apr 2022 - 21:22
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Member No.: 108,729



Dear Forum,

I have received a LOC as a email and via post by BW Legal.I replied to them several times , complained , but no changes.

I'm planning to dispute the claim as contravention did not occur.

Just to remind you , this is a claim by GXS that I have failed to clearly display a valid ticket.

I purchased a ticket and still have it ,it was displayed at the back to facilitate inspection . The parking was a herringbone type.I sent a copy of the valid ticket to GXS but they rejected my appeal.

They submitted my case very late (last day )to IAS so I was not able to appeal with them.

I will ask for BW legal for supporting evidence they have ,
I have the SAR by GXS after complaining to ICO.

Any suggestions ?
I will be very grateful for your advice, I need to reply by 19th May . see below

BW


bw legal

Dear
Letter of Claim
Our Client: GXS Services Limited
Our Reference:
PCN Reference:
Vehicle Registration:
Contravention Description: Parked Without Clearly Displaying A Valid Ticket/Permit
Contravention Location: Bedford Row Pay And Display Worthing BN11 3DR
Date of Contravention: 2019
Balance Due: £160.00
We have been instructed by GXS Services Limited to commence legal action against you in respect of the above unpaid parking charge, by issuing a Claim against you in the County Court without further notice, if no payment or response is received before 19 May 2022. If you dispute this debt, please tell us why so that we can help resolve this matter.

Estimated Claim
Such legal action may result in you being liable for Court fees, solicitors’ costs and statutory interest which are estimated below.

Principal Debt + Debt Recovery Costs £160.00
Estimated Interest £29.32
Estimate Court Fees £35.00
Estimated Solicitors' Costs £50.00
Estimated Total £274.32


What we have sent you
What you will receive in the post are the following:
Information Sheet:
a sheet explaining what to do next, including how to avoid Court actions.
Reply Form:
a form to complete and return containing four sections.
Income and Expenditure Form:
a form to complete and return to outline your finacial circumstances.


What you need to do now
Payment of £160.00 or your reasons for non-payment are required by 19 May 2022 to avoid the above legal action. If you are unable to pay the balance in full, our client is willing to enter into a payment arrangement which is affordable for you taking into account your financial circumstances.

We wish to remind you that in a final effort to avoid the need for litigation, our client is willing to offer you the option of paying the balance via an affordable repayment plan. We have pre-approved a monthly instalment amount of £15.00 which has been recommended considering your estimated disposable income. If you wish to take advantage of this offer, or if you cannot afford this amount, please contact us using the details in the "How to get in touch" section below. Please note that this offer expires on 19 May 2022, after which time your case will be considered for litigation for the full current balance.

How to get in touch
Online
Manage your account at www.bwlegal.co.uk. You can upload your completed reply form and provide your income and expenditure details online. You can also make a payment, set up an affordable payment arrangement and speak to us by webchat.
Speak to us or email us
Call us today on 0113 487 0430 or email us at contact@bwlegal.co.uk to discuss this matter with one of our helpful team.
By post
Complete and return the Reply Form to us at the address at the foot of the letter you will shortly receive from us by 19 May 2022.


Pre-action Protocol for Debt Claims
This email is being sent to you in accordance with the Civil Procedure Rules Pre-Action Protocol for Debt Claims, a link to which is contained on the foot of the information sheet will you will receive shortly in the post. In particular, we refer you to paragraph 7, which sets out the expectations of the Court in terms of complying with the Protocol.

Particulars of debt
On 2019, you were granted a limited contractual licence to enter the land known as Bedford Row Pay And Display Worthing BN11 3DR ("Site"), which is managed and operated by our client. In return, you were to abide by certain terms and conditions ("Terms and Conditions") which were prominently displayed on the signage erected in situ by our client. On 29 December 2019, you breached the Terms and Conditions - reason: Parked Without Clearly Displaying A Valid Ticket/Permit ("Breach"). The Breach resulted in our client issuing a Parking Charge Notice (`PCN`) on 2-19 which, despite our client's attempts to engage with you and agree a suitable payment arrangement, remains unpaid.

Statement of account
The following summary statement shows the transactions applied to your account since the PCN was issued by our client:

Statement for the period: 2019 to 14 April 2022


Principal Debt + Debt Recovery Costs £160.00
Estimated Interest £0.00
Estimated Court Fees £0.00
Estimate Solitictors' Costs £0.00
Estimated Total £160.00


Our client’s entitlement to the total debt recovery costs referred to in the table above is expressed in the Terms and Conditions, which you accepted upon entering the Site. Such costs are recoverable in any event under the relevant Parking Code(s) of Practice.

Warning of court proceedings
If payment or a response is not received from you by 19 May 2022 we are instructed to issue a County Court claim without further reference to you, together with applying the interest, fees and costs highlighted above.

If payment or a response is not received following a County Court claim, a County Court Judgment ("CCJ") may be entered against you. If a CCJ were to be entered, it would be recorded on your credit file for 6 years unless you pay the Judgment debt in full within a month of the CCJ being entered. A CCJ on your credit file may affect your ability to obtain future credit.

If a CCJ were to be entered and you were to fail to comply with the CCJ order, we may apply to the County Court to take further enforcement action which you would be notified of separately.

We look forward to hearing from you
Our helpful team would like to work with you to reach a solution without the need for Court proceedings to be issued and it is therefore important that you get in touch before 19 May 2022.
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nosferatu1001
post Sat, 23 Apr 2022 - 21:28
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Standard response to a letter before claim
You can find them all over the forum

Contravention did not occur is council ticket language.
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