Author Topic: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023  (Read 727 times)

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Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
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As others have experienced, I recently received communication from Trace Debt Recovery requesting I pay £170 for a parking contravention they claim was made on 3 January 2023.

Unfortunately I did not see the advice not to engage with Debt Collectors in time, and I did respond, but only to say:

"This is the first time I have heard about this matter. Please can you provide full details of the parking charges you have written to me about.
Please include any previous correspondence Alliance Parking say has taken place.
Please also provide details of your (Trace Group) and Alliance Parking’s privacy and data protection policies illustrating the legitimacy of how my details have been shared in this case."

They replied by email with a copy of the NTK and a certificate of posting.
 
I received another letter dated 3/11/2025 stating I have 14 days to settle or "our client can choose to start legal proceedings against you at any time."

Yesterday I received a text message from TRACE saying "FINAL DEMAND - Please contact TRACE...to prevent your case being passed to our legal department".

All the above comms from Trace can be viewed here: https://www.dropbox.com/scl/fo/162i9fzk7ag4w5jehu2a8/AE5Z5EYBJ5zajbOhEJA6ARg?rlkey=heavsguqil1opkk9qp1gnm84w&st=vbbut6se&dl=0

Do I respond or ignore? We have no recollection of using the car park (we don't live there - it would have been during a holiday visit) but, had we done so, would have expected to pay for parking at the machine.

Advice much appreciated.

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Re: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
« Reply #1 on: »
As long as the driver is not identified, the Keeper cannot be liable for the charge, irrespective of whatever contravention they are pleading. The Notice to Keeper (NtK) was never “given” within the “relevant period” for them to be able to rely on PoFA 2012 to be able to transfer liability from an unidentified driver to the Keeper.

Too late to appeal now. Do not make any further contact with the useless Trace debt collectors. They are powerless to do anything except to try and intimidate the low-hanging fruit on the gullible tree into paying out of ignorance and fear.

This will most likely end up as a county court claim. That is a very good thing because it would never be successful for them. They can only sue the driver, if they can prove who that was. They can’t, unless the Keeper blabs it to them, inadvertently or otherwise.

They will go all the way up to the point they have to pay the £27 trial fee and will then discontinue unless it is struck out first. They are still hoping you are gullible at this point.

Interesting that as Xmas approaches, they are digging out old PCNs to try and fill their coffers.

Can you confirm that the copy of the NtK they sent has the correct address where the Keeper resided at the time of the alleged contravention?
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
« Reply #2 on: »

Can you confirm that the copy of the NtK they sent has the correct address where the Keeper resided at the time of the alleged contravention?
[/quote]


Thank you for responding so quickly. Happy to ignore them and wait for the next letter. Impossible to recall who the driver might have been that long ago.
Yes the NtK address is correct - though I don't recall ever seeing/receiving it.

Will probably be back here when I get the next scary letter...
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Re: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
« Reply #3 on: »
Hi again @b789 - another letter received from TRACE - see here: https://www.dropbox.com/scl/fi/78ifbndt4vdjrc0ouulx7/IMG_4523.jpeg?rlkey=brqsbu6ebjuh61xq7r2n0uosh&st=96iadp6n&dl=0

Do I continue to ignore them?  To confirm, I have only contacted them once when they first wrote to me - I asked for details of the original PCN and any communication, which they then sent. I did not identify the driver.

Would appreciate your guidance on next steps.

Re: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
« Reply #4 on: »
The advice in the previous post remains.

Re: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
« Reply #5 on: »
Hi - happy new year and here we go again.
Standard letter before claim and 2 text messages received from Moorside Legal. I’ve seen advice in other similar threads to send template reply to Moorside - should I follow the same advice?
To confirm, I never appealed the original PCN (no memory of receiving it though they sent proof of postage) and have never identified the driver. Advice appreciated!

Latest Letter: https://www.dropbox.com/scl/fi/e095rccmnlf8x8v92od4a/moorsidelegal12Jan26-signed.pdf?rlkey=8petekzut0kqp9qgsbcghu5eb&st=8a4ahsd7&dl=0

Re: Alliance Parking @ Sea View Car Park, Polzeath in Jan 2023
« Reply #6 on: »
If you use a template them you'll need to use one which mentions that you deny keeper liability due to the out of time NtK.

Alternatively, you could send something short and too the point along the lines of;


Thank you for your letter of claim - I have noted contents etc

I am the vehicle keeper.

Unfortunately your client's NtK was issued too late for there to be any transfer of liability to myself and as such I dispute your claim that I 'owe you £170' - Your letter fails to explain how liability has been transferred to me when the driver is unknown to your client.

For the purposes of clarity; there is no legal requirement for me to reveal the driver and I will not be doing so.

I am sorry that I am unable to help you further with this matter.


Best wishes,

xxxx xxxxxxx