Free Traffic Legal Advice

Hello

I am after some advice for the following.
On the 6th of September, my daughter drove me and my partner to Gatwick Airport, she paid the exit fee to leave. we have proof of the payment via her bank.
Two months later we got a fine for this, and we got in touch with them and was advised that it would be looked into, nothing came back to us, they said that they sent a reminder to us again we questioned this, and sent the proof to them saying it had been paid,

Now, we are being chased up by a company called TRACE Debt Recovery UK Limited, which was the start of December 2024, we have sent this company proof of payment as requested, emails dated stamp etc.. we have a response from the company saying that "an operated is looking into this" again nothing, so we have chased them again with the same answer, I then got a text message saying "final demand" again an email went to the company state that they have failed to look into this for us, I also tried to call them and got you are next in line, after 30mins of waiting I requested a call back from them after their options of requesting this, I this was on a Friday at 3 pm, by 5 pm I got a text message saying "sorry we missed your call, please try again or log into your account " so I sent another email saying how unhappy that no one called me back, again another message saying "that an operate would like into this" for us then to send another email to them, for then someone to come back on Monday 10th saying that someone would look into this for us, to then have a letter saying that a payment of £170 and the expired date had been gone for us to appeal and that this letter they are now refusing to corrospende with us, and saying that if this payment is not paid within 14 days of the letter dated 13/2/24 then the next step would be to go to court. We have now sent another lengthy email. We are not happy with how this has played out, and wondering what our next step is, as we have changelle this payment over the last few months without any joy and now they are saying payment has to be made otherwise court.

Please let me know how we can get this dealt with, this is not only causing me stress my mental health is not good at the moment and this is not helping. Happy to share all emails/texts with someone who can help us.

Thanks
Tracey

Gatwick will be NCP. Never, ever, ever, EVER communicate with a useless Debt Recovery Agent (DRA) or debt collector as they are more commonly known. They are powerless to do anything except scare the low-hanging fruit on the gullible tree into paying out of ignorance and fear.

Has the drivers identity been blown? NCP have no idea of the drivers identity unless the Keeper blabs it, inadvertently or otherwise. Saying silly things like "I parked here or there" instead of always referring to the driver in the third person such as "The driver parked here or there" is what "inadvertently" means.

There is no legal obligation on the Keeper to identify the driver to an unregulated private parking company. The Keeper and the driver are separate legal entities. Because Gatwick (or any airport) is not relevant land for the purposes of PoFA because it is under statutory control (byelaws), there can be no Keeper liability. As long as the Keeper has not blabbed the identity of the driver, there is nothing they can do about it because they are not allowed to infer or presume that the keeper must also be the driver.

So, now that we have got that out of the way, for your future reference, don't throw away a perfectly good appeal/defence point by rushing to spill the beans about who was driving!!!

As you have passed the appeals deadlines and you have probably blabbed the drivers identity, the only way this is going Tobe resolved is when they try to take you to court with a claim. Nothing to be afraid of, as it will never go all the way to a hearing, and even if it did, you do not risk much anyway.

For now, STOP wasting your time and effort with Trace or any other useless and powerless DRA. Wait to see if/when you receive a Letter of Claim (LoC) and then come back and show us.

Send the following formal complaint as a PDF attachment to NCP at customer.services@ncp.co.uk and CC in the following plus yourself: appeals@ncp.co.uk, dataprotection@ncp.co.uk

[Your Name]
[Your Address]
[City, Postcode]

[Email Address]

[Date]

NCP Customer Services & Complaints Department
National Car Parks Ltd
The Bailey
16 Old Bailey
London
EC4M 7EG

By Email: customer.services@ncp.co.uk

CC: appeals@ncp.co.uk, dataprotection@ncp.co.uk

Subject: Formal Complaint – Unlawful PCN & Procedural Failings

PCN Reference: [Insert PCN Number]
Vehicle Registration: [Insert VRM]
Location: Gatwick Airport Drop-Off Zone
Date of Alleged Contravention: [Insert Date]

Dear NCP Complaints Team,

I am writing to formally demand the immediate cancellation of the above-referenced Parking Charge Notice (PCN). The charge is completely unfounded and unenforceable for multiple reasons, which NCP has repeatedly failed to address.

Despite multiple communications providing proof of payment, NCP has persisted in pursuing this charge and wrongfully escalated it to TRACE Debt Recovery UK Limited.

Key Points of Complaint:

1. No Keeper Liability – PCN is Unenforceable

• The alleged contravention occurred at Gatwick Airport, which is not ‘relevant land’ under the Protection of Freedoms Act 2012 (PoFA).
• As a result, NCP cannot hold the Registered Keeper liable under any circumstances.
• Since the Keeper was not the driver, this PCN has no legal basis and must be cancelled immediately.

2. Proof of Payment Provided – No Contravention Occurred

• The alleged contravention is non-payment, yet payment was made in full, as evidenced by the attached payment receipt.
• Despite this, NCP has failed to properly investigate and wrongfully escalated the charge to debt collection.
• Pursuing a charge after clear proof has been provided is not only unreasonable but constitutes a breach of consumer protection laws.

3. ‘Reminder’ Letter Was Never Received

• NCP has claimed that a reminder was sent.
• The BPA/IPC Private Parking Single Code of Practice (PPSCoP), Section 8.1.2(e), Note 2 states that NCP must provide strict proof that the reminder was actually put into the postal system, not merely generated.
• A hybrid mail 'Proof of Posting' certificate is not sufficient evidence, as it does not confirm the date and time any third-party mail consolidator actually posted the letter.
• I require strict proof of this posting, including documentary evidence from the mail provider.

4. Wrongful Escalation to TRACE Debt Recovery UK Limited

• TRACE Debt Recovery has been harassing me for payment, despite:

• NCP having no legal grounds to pursue the Keeper.
• NCP being aware that payment was made.

• Pursuing this charge despite clear evidence and failure to meet PPSCoP requirements is completely unacceptable.

Formal Demands:

Given that:

• No contravention occurred (as payment was made),
• Gatwick Airport is not relevant land, so Keeper liability does not apply,
• NCP has failed to provide strict proof that the reminder was posted,

I formally demand the following:

1. Immediate cancellation of the PCN due to proven payment and lack of Keeper liability.
2. Written confirmation within 14 days that the charge has been cancelled.
3. A full investigation into why NCP failed to investigate properly, with a written explanation of procedural failings.
4. Strict proof that the ‘reminder’ was actually put into the postal system, as required by PPSCoP Section 8.1.2(e) Note 2.
5. Confirmation that TRACE Debt Recovery has been instructed to cease all further action.
6. A written apology for the harassment and unnecessary distress caused.

Escalation Warning:

If NCP fails to fully cancel this PCN within 14 days, I will escalate this complaint to:

• The British Parking Association (BPA), reporting NCP for non-compliance with the PPSCoP.
• The DVLA, regarding potential misuse of my Keeper data.
Trading Standards, under the Consumer Protection from Unfair Trading Regulations (CPRs) 2008.
• The Information Commissioner’s Office (ICO), if there has been a data protection breach.

Additionally, should TRACE Debt Recovery continue their harassment, I reserve the right to take legal action for damages caused by unfair business practices and undue distress.

I expect written confirmation within 14 days that this matter is closed. Failure to respond appropriately will result in immediate escalation without further notice.

Yours sincerely,

[Your Name]
[Your Contact Information]

Attachment:

Copy of proof of payment (receipt)