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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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post Thu, 21 May 2020 - 09:38
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Veritas1
post Sun, 24 May 2020 - 13:25
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QUOTE (PaulPaul1308 @ Sun, 24 May 2020 - 12:19) *
This is the Debt Collector mail: Dear Mr

PENDING LEGAL ACTION: You have still not made payment and your case has now been selected for legal action through the county court. Please call TRACE Legal Department urgently on 01604 968 123 to prevent this action.

You can also make payment using our secure online payment system by visiting www.tracerecovery.co.uk.
Kind regards,
TRACE Legal Department



Nobody has told you that the debt recovery company CANNOT take you to court, only the original parking company can.


Thank you very much, very good to know

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Driver22
post Sun, 24 May 2020 - 15:31
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Op, Trace are trying their standard begging stuff because they won’t get paid unless you pay them.

Please pay attention to hcanderson - post #18.
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Veritas1
post Sun, 24 May 2020 - 15:46
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The reason I displayed the ticket at the rear was that I saw a pothole a few meters away in front of the car. Also uneven surface on my right . As far as I remember ,the car was close to some trees.I assumed the shortest way was the safest The rear side was nearer to me and safer to approach.It was very dark, the parking was unlit .I even thought it would be more convenient to display it at the rear than the front for the parking warden to inspect it .!
I don't have pictures from the PPC yet

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hcandersen
post Mon, 25 May 2020 - 07:30
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I cannot fathom your explanation, sorry. This is because you know where you were, but we don't.

But to emphasise my point, in the first of your photos there are 3 cars which, because of entry and turning constraints, drove straight in to their herringbone parking spaces. Therefore if matched by vehicles on the other side you would have 6 cars all with windscreens facing each other with no more than a gnat whisker's space in between for Mr. Slim, the PPC man, to edge through.

The strict 'requirement' to place in windscreen is c**p. (I'm normally more loquacious, but frankly, and pending your photos, I cannot be bothered in this case).

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Veritas1
post Wed, 3 Jun 2020 - 13:08
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Dear all,

I received a mail from IAS with this text today:

"Firstly, apologies for our delay in responding to you.

After having the opportunity to contact the parking operator, they have advised that the appeal rejection was sent to you on 30th December 2019.

However, due to an error with their back office system, your parking charge details weren't uploaded to the IAS.

Your appeal rejection was then re-issued on the 20th January 2020 and your parking charge details added to the IAS.

The parking operator has agreed to extend your timeframe to the IAS so that you can lodge an independent appeal."


The PPC admits that "due to an error with their back office system" my details weren't uploaded on time. The IAS gives me the opportunity to appeal via ADR. I logged on to their site and was a informed that I qualify for a Non-Standard appeal only. For that I have to pay 15 pounds!

I don't think I should pay as the delay was not my fault. Shall I proceed with the ARD or shall I wait for them to contact me for payment of the parking charge via small claim court ?

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Jlc
post Wed, 3 Jun 2020 - 14:30
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Do not touch the non-standard appeal option. You'll almost certainly pay £15 to be told your appeal failed.

Complain directly via mail/e-mail.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Veritas1
post Wed, 3 Jun 2020 - 15:04
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Thank you very much, Jlc!

I will write to IAS that this is excessive as I don't want to give them any money unless the Judge says so. I paid and displayed my ticket,I didn't overstay.
IAS admitted that GXS had to reissue my appeal rejection on 20th Jan,"due to an error with their back-office system".Strangely , on the very last day of the given time of 21 days!I spent so much time trying to do it in the suggested timeframe and was impossible. Clearly, I was denied a standard appeal and now I have to pay for the non-standard appeal! To me ,it feels like a scam.
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ManxRed
post Wed, 3 Jun 2020 - 15:24
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QUOTE (Veritas1 @ Wed, 3 Jun 2020 - 16:04) *
To me ,it feels like a scam.


It's taken you two pages, but you're getting the hang of it!


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Sheffield Dave
post Wed, 3 Jun 2020 - 16:11
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Agreed don't touch the IAS. Worse, the "pay for an appeal" option, as well as being nearly guaranteed to fail, becomes binding on you, whereas the standard appeal doesn't.

This post has been edited by Sheffield Dave: Wed, 3 Jun 2020 - 16:12
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Veritas1
post Wed, 3 Jun 2020 - 18:05
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Thank you very much ManxRed and Dave Sheffield,
Good point,

“That is why Government is putting the brakes on these rogue operators and backing new laws that will put a stop to aggressive behaviour and provide a simpler way for drivers to appeal fines.”

Can not see this yet, but let's hope,

BW
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Jlc
post Wed, 3 Jun 2020 - 18:21
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QUOTE (Sheffield Dave @ Wed, 3 Jun 2020 - 17:11) *
Agreed don't touch the IAS. Worse, the "pay for an appeal" option, as well as being nearly guaranteed to fail, becomes binding on you, whereas the standard appeal doesn't.

Good point, I forgot about the binding bit!


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Veritas1
post Fri, 19 Jun 2020 - 13:15
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Dear all, After my complaint to IAS,

I had a mail from IAS saying the parking company has agreed that my case can go back to the standard appeal, instead of paid, legally binding appeal.

Shall I go via the standard appeal to IAS? Is the standard appeal legally binding? Or shall I wait for the small claim court?

The closing date is the same as the one they gave me initially before my complaint for the paid appeal - 24th June, not much time left.

I will be very grateful for your advice,

Thank you in advance,

BW
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ostell
post Fri, 19 Jun 2020 - 14:55
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The normal appeal system is non binding but it will be rejected and give them something to wave at the judge
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Veritas1
post Fri, 19 Jun 2020 - 15:51
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Dear Ostell,
Thank you very much.

I'm only left with 5 days to appeal and I'm really busy with COVID-19,
I have already lost so much time and energy and will leave it to the Judge to decide.

I found good support in this forum and would like to thank you all,
It is difficult to comprehend that anyone can end up with an unfair parking charge and be penalized even after paying and displaying a valid ticket.

BW

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Veritas1
post Sat, 27 Mar 2021 - 13:22
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Dear Forum members,

Following on from my episode of parking & paying for a ticket on 29th December 2019, & correspondences as above, today I received a letter from Gladstones solicitors on behalf of their client GXS services Ltd, stating that 'We are instructed to recover the unpaid PCN's from you. The current charge amount is stated as £160.00. The letter states that 'our Client wishes to avoid costly court proceedings and would much prefer to settle this matter now....If you do not make payment of the Amount Due/ Debt by 5 April 2021 out Client will have no option but to consider further action.' Also 'Our team is ready to try to work with you to resolve this matter without the need for Court proceedings and it is important you contact us upon receipt of this letter'.

There are options to contact them by phone or email.

Should I contact them & explain that I actually paid & have the ticket? Any there any legal implications form contacting them or not?

I fell that I am being harassed by GXS services, having paid for parking over a year ago. How can I lodge a complaint against them?

Thank you for your help.
Best wishes


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ostell
post Sat, 27 Mar 2021 - 15:32
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You have to be seen to be reasonable if it goes to court.

Write back to them and point out that the parking fee was paid, here's a copy of the ticket. And can they provide an explanation of that additional £60?
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freddy1
post Sat, 27 Mar 2021 - 18:02
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the data protection officers info still relates to an address last used 3 yrs ago , they have failed to update the ICO st renewal for the last 3 yrs

This post has been edited by freddy1: Sat, 27 Mar 2021 - 18:06
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Veritas1
post Sat, 27 Mar 2021 - 18:48
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[attachment=74898:IMG_6974_2.jpg]Dear Ostell,

Thank you very much for your reply.
Do I need to explain my failed attempts at trying to have a standard appeal?
Or just explain that I paid and still have the ticket?


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freddy1
post Sat, 27 Mar 2021 - 20:08
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did you manage to get an SAR from this parking co ? , if not it might be time to make them pay out

the address listed with the ICO is one of there old ones from 3 yrs + , wonder if they have mail fowarding for your SAR sent with proof of postage to address on ICO site
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Veritas1
post Sat, 27 Mar 2021 - 21:30
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Dear Freddy1,
I have not requested a SAR up to now. I have not expected to reach that far with a perfectly valid, paid ticket.
As you said, it is time to do it.

I have found the address, registered with the Information Commissioner's Office and will send a SAR to that address with a registered post,

Thank you very much

BW



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