Countrywide ANPR PCN - in carpark for 10 mins - Disabled Parking Spot - appeal refused by CW - Kingswood Way Great Denham Bedford Bedfordshire MK40 4GH

[mrscsmith]

I have just received this email for the debt collectors.
I havent had any contact from them before regardless to what they say.
Do I reply and say anything or just ignore it?
Thank You 

SUBJECT: OUTSTANDING DEBT
CASE ID:  313811702
Dear xxx
We have recently contacted you regarding an outstanding matter that requires your urgent attention.  (LIES)

Please contact TRACE on 0333 577 4447 to make payment or discuss payment options with one of our team.

 
You can also make payment using our secure online payment system by visiting: www.thetracegroup.co.uk

Collections Department
TRACE Enforcement Group

[Nicky Boy]

Ignore and block their emails...

[mrscsmith]

if I block their emails and they go to court I wont get a copy of the court summons as they go to the same email - would that be correct?
I dont want them getting a default as I didnt receive the summons.
Would the court send that out separately?
Just want to be safe before I do anything.
Thank You

 

[honeybee13]

My understanding is that if there ever is a court case, the court will send a paper copy of the claimform to your home address.

You're spot on about email though, you don't want them going behind your back and sending information at the 11th hour just before a hearing.

You should write to them and tell them not to contact you by email in future. Someone will know the wording of this.

HB

[Nicky Boy]

HB is correct, claimforms come by post.

Also they certainly don't come from debt collectors.

I'm sure dx will be along soon with his spiel about his pet hate... debt collectors.

[dx100uk]

block bounce ignore and report ALL emails, txt msgs and phone calls as spam to 7726

courts cant serve summons paperwork by email!

[honeybee13]

We do also have some sort of wording for something asking whoever it is to stop using email. I think Mrs Smith might feel more reassured by saying that.

I take your point that it's only a DCA but maybe Countrywide have the email as well?

HB

[mrscsmith]

I am sure I told Countrywide when I appealed their ticket that they have no right to pass my email address to anyone.
Would that have any legal standing? should have a screen shot of it somewhere as proof.

[Nicky Boy]

Their privacy policy will probably allow them to share details with certain parties for debt collection / enforcement.

[dx100uk]

pers i wouldnt worry about anyone using email until/unless it ever gotto court.

and they've not even issued a letter of claim yet IF they ever do.

just ignore everything until/unless one ever comes , then pop back here.

dx

 

[FTMDave]

I agree with dx, e-mail only needs to be knocked on the head if the matter gets to court.

And HB is right, claim forms arrive by Royal Mail.

[mrscsmith]

I have just received a letter from Trace Debt Recovery saying "as you have missed payment/response your case is now being prepared to be sent to our Escalations Department" 
Is this their court process?

[FTMDave]

No, don't worry, Trace are a third party who can't do anything as it's not their debt.  Just laugh at the letter and ignore it.

Hot air from paper tigers.

Little legal lesson.  Say you & I were in legal dispute.  Well I could sue you and you could sue me.  Your best friend couldn't sue me and my next door neighbour couldn't sue you, as the case would have nothing to do with them.  Debt collecting agencies are the same.  They have as much power as the orange peel I have just thrown in the bin.  They can do nothing. 

Edited February 2 by FTMDave
Extra info added

[mrscsmith]

I have ignored all the Trace letter and this morning have had this letter from BW Legal.
Is it a new company or part of Trace?
Anything to take action on?
Thank YOu 

BW Legal - 1 (04-04-24).pdf

[Nicky Boy]

Not a letter of claim. Safe to ignore...

[mrscsmith]

Thank you will ignore.

 

[lookinforinfo]

I am not sure why but I only have just seen your thread. I have just read all the way through and your chances of winning appear very good. If it was your daughter who was driving on the day you received the PCN you will definitely win. One of your posts appeared to suggest that it was your daughter driving.

I am not advocating that you  lie since you should win anyway but if your daughter was driving you are totally in the clear and so is she since too much time has elapsed since the time of the alleged breach.

the reason I say that is because the PCN they sent does not comply with the requirements of the Protection of Freedoms Act 2012 Schedule 4. What that means is that the cannot transfer the charge from the driver to the keeper. Only the driver is now liable.

The PCN does not comply because the period of parking has not been specified. Yes they do have your arrival and departure times taken from the cameras but as you had to drive from the entrance to find a parking spot and then manoeuvre the car into the space checking that you are within the lines that cannot be classified as parking. Then you have to get into your car on leaving and drive to the exit, perhaps having to stop to let pedestrians or other cars pass in front of you. That is also not classified as parking.

By your own admission it took you some time to read all their signs before taking the wise decision to leave. So you weren't parked there  at all you were only.considering parking. Given that there is a MINIMUM time of five minutes and bearing in mind you are disabled and subtracting the times when you were driving in the car park you were much closer to the five minutes than the ten minutes they are trying to claim.

Oh dear I see they are using  BW Legal-a fifth rate solicitor at best. You are probably going to receive sometime i the future a Final Demand from them. Don't worry they are like Clapham omni buses. None come and then they all come together.. Expect as many as four or five Final demands. They can be safely ignored but they are great if you have  jerbils or guinea pigs as they are much cheaper than the normal litter paper.

However do watch out for a letter which is headed letter of Claim or letter before Claim. If you get one of them let us know and we will advise some snotty letter to send them to show that you are not scared and quite happy to go to court -and win.

[mrscsmith]

My daughter was not driving.  She was mentioned as she didnt even see the dwarf signs on the entrance way.  Their original letter sent a camera shot of the car going into the car park and then coming out (think 10 mins approx).  

I have heard of BW Legal before and  yes there are a terrible company who hire solicitors nobody else will.  I ignored all Trace letters so assume they will stop now BW is taking over. 

Thank you

[lookinforinfo]

Ok not a problem. You will still win as you weren't parked. You were only considering parking. By using the actual time you were stopped and taking into consideration you are disabled I would be surprised if any Judge would find in favour of Countrywide. 

Do you know how long those signs have been in use?

[mrscsmith]

There was a different big sign when I first went there and when I went a few weeks later it had gone and new smaller signs were up. It is quite a mess with the signs.  The dwarf signs now have a message no disabled parking yet the disabled parking space remain there.  Very confusing

 

[lookinforinfo]

Well if you receive a Witness Statement from them it should include photos of the signs on the day of your visit not the current ones. Might be an idea to check with the Doctor's office to see if they can get a closer date of when the new signs were erected. That  could help your case if they show the new ones. Maybe be a forlorn hope so if you have some idea yourself of when it happened that could help.

[mrscsmith]

The doctors are totally uncooperative with anything to do with parking tickets and didnt even pass my letter to the Landlord when I left it addressed to him at their property. 

They hired the parking company so are totally on their side all the time. 

[lookinforinfo]

Well you could try writing to them asking them for the date. If they refuse you can advise them that you will be calling them as a Witness on your behalf at the Court. So it would be advisable to provide the info you want to save having to go to court.

In addition it would be advisable for you to have some idea  of when their signage went up and any subsequent changes made. Of course your chemist be able to help you with that but just please park round the back of the buiding to avoid another PCN.