Payments: 03300 080 477     Enquiries: 01604 968 123

FREQUENTLY ASKED QUESTIONS

 
 
How can I pay?

The easiest way to pay your outstanding debt is by using one of the following methods;

Online: Payment can be made using our secure online payment system. Available by visiting our payment page here.

Telephone: Credit and Debit card payments can be made by calling 03300 080 477. This telephone number is a secure 24-hour automated service for payments only.

Postal Payments: Please make cheques or postal order payable to TRACE Debt Recovery UK Ltd and write our reference number on the reverse. Payments received without our reference number will be processed but the debt case will not be closed.
Send your cheque/postal order with the payment slip to: TRACE Debt Recovery UK Ltd, PO Box 1448, Northampton, NN2 1DW.

However;

You can also pay at any Bank by Cash, Cheque or Postal Order. You will need to fill in a bank paying in slip and make your payment into the following account; Sort Code: 20-61-55 Account Number: 33186202

Please quote our reference number found on the front of this letter against your transaction. Payments received without our reference number will be processed but the debt case will not be closed. You must allow five working days for the payment to reach us.

By arrangement only we can accept standing orders. To enquire if it is an option for you to pay a fixed amount each month please call 01604 968 123.

We do not advise you to send cash but if you decide to do so please send it using Recorded Delivery mail to the above PO Box address. Please enclose with your payment our reference number quoted on our letters. Payments received without our reference number will be processed but the debt case will not be closed.

Is TRACE a member of a Trade Association?

Yes. We also do not act on behalf of any operators who are not members of either the International Parking Committee or the British Parking Association.

TRACE is a member of the Credit Services Association as well as the International Parking Community.

What law applies to Parking Charge Notices?

Depending on where the Parking Charge Notice (PCN) is issued, different laws may apply. At Rail car parks and many Airport sites, bylaws are in place and PCNs are issued under the relevant bylaws. PCNs issued on privately owned land are issued under either the Law of Trespass or Contract Law.

The majority of PCNs are issued under Contract Law. Motorists who bring their vehicles onto private land have the responsibly to check whether they are allowed to park there and to check what the requirements are for parking in that area. The parking rules (or Terms and Conditions) must be displayed (by means of signs) before a PCN may be issued. The motorist must therefore make sure they comply with the terms and conditions on display at all times. If the motorist parks or operates a vehicle in breach of the terms and conditions on display, a charge may be levied in line with the terms and conditions and a PCN may be issued. These charges may then be pursued by the landowner or their operator (parking company) through civil proceedings.

The government legislated on private parking enforcement in 2012 when the clamping of vehicles on private land was banned. At the same time the government gave parking companies and landowners greater powers to issue and pursue PCNs. This was done through the Protections of Freedoms Act 2012 (“Recovery of unpaid parking charges”). The Act can be found on the government website: here.

In 2015 the UK Supreme Court ruled that PCNs are enforceable on private land. A copy of the ruling (Parking Eye v Beavis) can be found here.

Can I appeal against the Parking Charge Notice?

Your standard appeal avenue has now expired. However, the IPC remain the only Accredited Trade Association which offer alternative dispute resolution (ADR).  Our operators that are also IPC members may engage in a non-standard appeals procedure if extreme mitigating circumstances can be proved.  Please note that evidence showing why you did not enter into the standard appeals procedure will need to be provided.  For more information, please visit;
https://www.theias.org/the-ias-private-parking-charge-appeals-rules-and-procedure

An operator who subscribes to the British Parking Association Code of Practise will not engage in Alternative Dispute Resolution at this stage.

Are Parking Charge Notices legally enforceable (England and Wales)?

Yes. In 2012, in England and Wales the government legislated on private parking enforcement when the clamping of vehicles on private land was banned in. At the same time the government gave parking companies and landowners greater powers to issue and pursue Parking Charge Notices (PCNs). This was done through the Protections of Freedoms Act 2012 Schedule 4 (“Recovery of unpaid parking charges”). The Act can be found on the government website: here.

In 2015 the UK Supreme Court ruled that PCNs are enforceable on private land. A copy of the ruling (Parking Eye v Beavis) can be found here.

Summary of the “Parking Eye v Beavis” case:
On the 4th November 2015 during Supreme Court, Mr Beavis appealed against a county court ruling that the PCN of £85 should be paid and argued that the PCN was an unenforceable “penalty” under the Unfair Terms in Consumer Contracts Regulations 1999. The Supreme Court dismissed Mr Beavis’s appeal by a majority of six to one, and declared that the charge appealed does not contravene the penalty rule, or the Unfair Terms in Consumer Contracts Regulations 1999.

The court ruled that:

  • The Parking Charge Notice was not a penalty as described under the Unfair Terms in Consumer Contracts Regulations 1999.
  • The parking company and the landowners had a legitimate interest in charging overstaying motorists, which extended beyond the recovery of any loss.
  • The interest of the landowners was the provision and efficient management of customer parking for the retail outlets at the site where the PCN was issued.
  • The interest of the parking company was in income from the charge, which met the running costs of a legitimate scheme plus a profit margin. Further, the charge was neither extravagant nor unconscionable, having regard to practice around the United Kingdom, and taking into account the use of this particular car park and the clear wording of the notices.

Since this ruling parking companies have started taking motorists to court on a regular basis to recover unpaid Parking Charge Notices.

Are Parking Charge Notices legally enforceable (Scotland)?

Yes. Despite the advice which is prevalent in Scotland to ignore Parking Charge Notices, the scene is rapidly changing with many parking companies and landowners now successfully taking Scottish motorists to court.

The change came in 2015 when a landmark civil case was heard in the UK Supreme Court, which has jurisdiction over all of the UK, including Scotland for civil cases.

In 2015 the UK Supreme Court ruled that PCNs are enforceable on private land. A copy of the ruling (Parking Eye v Beavis) can be found here.

Summary of the “Parking Eye v Beavis” case:
On the 4th November 2015 during Supreme Court, Mr Beavis appealed against a county court ruling that the PCN of £85 should be paid and argued that the PCN was an unenforceable “penalty” under the Unfair Terms in Consumer Contracts Regulations 1999. The Supreme Court dismissed Mr Beavis’s appeal by a majority of six to one, and declared that the charge appealed does not contravene the penalty rule, or the Unfair Terms in Consumer Contracts Regulations 1999.

The court ruled that:

  • The Parking Charge Notice was not a penalty as described under the Unfair Terms in Consumer Contracts Regulations 1999.
  • The parking company and the landowners had a legitimate interest in charging overstaying motorists, which extended beyond the recovery of any loss.
  • The interest of the landowners was the provision and efficient management of customer parking for the retail outlets at the site where the PCN was issued.
  • The interest of the parking company was in income from the charge, which met the running costs of a legitimate scheme plus a profit margin. Further, the charge was neither extravagant nor unconscionable, having regard to practice around the United Kingdom, and taking into account the use of this particular car park and the clear wording of the notices.

Since this ruling parking companies have started taking motorists to court on a regular basis to recover unpaid Parking Charge Notices.

Do the cases which we pursue go to court?

Yes, where a case remains unpaid, the case is passed to the firm of lawyers as instructed by our clients (landowners and parking operators).

Our clients are regularly obtaining County Court Judgments (CCJs) against non-paying motorists through the county court and the sheriff court (Scotland).

A CCJ, if not paid seriously affects the credit rating of the individual it is issued against and their ability to obtain credit, such as; loans, mobile phone contracts, car finance, credit cards and mortgages for many years. Attachments of earnings orders, or court-appointed enforcement agents could be used to recover the outstanding monies.

Below is a list of some of the recent successful court cases pursued by our clients:

 

Date of Judgment

Total Awarded

Claim No

03/05/2016

£253.87

C7GF682Z

03/05/2016

£259.34

C9GF071X

03/05/2016

£261.31

C9GF075X

03/05/2016

£261.08

C9GF086X

03/05/2016

£255.65

C9GF109X

03/05/2016

£252.03

C9GF117X

03/05/2016

£253.38

C9GF120X

03/05/2016

£253.71

C9GF040X

03/05/2016

£253.58

C9GF042X

03/05/2016

£252.43

C9GF049X

03/05/2016

£771.77

C9GF054X

29/04/2016

£253.22

C9GF010X

29/04/2016

£258.52

C9GF011X

29/04/2016

£253.84

C9GF006X

29/04/2016

£253.74

C9GF007X

29/04/2016

£1,120.36

C9GF009X

29/04/2016

£253.38

C9GF014X

29/04/2016

£253.68

C9GF013X

29/04/2016

£254.11

C9GF005X

29/04/2016

£252.96

C9GF018X

29/04/2016

£422.26

C9GF021X

29/04/2016

£582.73

C9GF015X

29/04/2016

£252.73

C9GF017X

29/04/2016

£252.73

C9GF020X

29/04/2016

£253.61

C9GF024X

29/04/2016

£776.78

C9GF016X

29/04/2016

£256.41

C9GF029X

29/04/2016

£252.96

C9GF033X

29/04/2016

£255.03

C9GF028X

29/04/2016

£253.12

C9GF030X

29/04/2016

£251.47

C9GF027X

29/04/2016

£945.96

C9GF025X

29/04/2016

£253.28

C9GF066X

29/04/2016

£253.42

C9GF068X

29/04/2016

£251.67

C9GF070X

29/04/2016

£253.68

C9GF069X

29/04/2016

£252.92

C9GF072X

29/04/2016

£253.68

C9GF074X

29/04/2016

£261.28

C9GF061X

29/04/2016

£254.73

C9GF077X

29/04/2016

£251.71

C9GF079X

29/04/2016

£251.67

C9GF078X

29/04/2016

£253.12

C9GF081X

29/04/2016

£257.53

C9GF085X

29/04/2016

£428.26

C9GF091X

29/04/2016

£262.40

C9GF087X

29/04/2016

£417.76

C9GF092X

29/04/2016

£260.75

C9GF088X

29/04/2016

£260.98

C9GF090X

29/04/2016

£253.35

C9GF095X

29/04/2016

£260.98

C9GF096X

29/04/2016

£254.83

C9GF100X

29/04/2016

£253.81

C9GF101X

29/04/2016

£253.51

C9GF097X

29/04/2016

£257.07

C9GF098X

29/04/2016

£253.05

C9GF102X

29/04/2016

£945.33

C9GF104X

29/04/2016

£256.41

C9GF112X

29/04/2016

£252.23

C9GF113X

29/04/2016

£928.06

C9GF106X

29/04/2016

£921.78

C9GF111X

29/04/2016

£420.59

C9GF114X

29/04/2016

£257.30

C9GF032X

29/04/2016

£252.73

C9GF031X

29/04/2016

£253.38

C9GF026X

29/04/2016

£253.35

C9GF043X

29/04/2016

£253.74

C9GF039X

29/04/2016

£251.67

C9GF045X

29/04/2016

£256.90

C9GF041X

29/04/2016

£253.38

C9GF036X

29/04/2016

£781.71

C9GF053X

29/04/2016

£253.42

C9GF050X

29/04/2016

£252.23

C9GF047X

29/04/2016

£253.81

C9GF055X

29/04/2016

£260.59

C9GF044X

29/04/2016

£253.42

C9GF062X

29/04/2016

£253.05

C9GF059X

29/04/2016

£260.82

C9GF058X

29/04/2016

£253.81

C9GF057X

29/04/2016

£253.32

C9GF064X

27/04/2016

£271.31

C9GF108X

27/04/2016

£270.16

C9GF063X

20/04/2016

£253.41

C2GF639X

18/04/2016

£271.38

C9GF022X

18/04/2016

£792.63

C4GF152Q

15/04/2016

£1,407.37

C8GF478T

15/04/2016

£1,266.22

C8GF475T

15/04/2016

£1,517.77

C8GF477T

15/04/2016

£1,364.42

C8GF481T

14/04/2016

£269.22

C9GF038X

04/04/2016

£940.00

C4GF146Q

04/04/2016

£937.29

C4GF147Q

04/04/2016

£250.92

C4GF151Q

04/04/2016

£934.63

C4GF155Q

04/04/2016

£778.28

C4GF150Q

04/04/2016

£1,216.43

C4GF153Q

04/04/2016

£940.32

C4GF154Q

04/04/2016

£794.86

C4GF157Q

04/04/2016

£790.13

C4GF156Q

04/04/2016

£791.48

C4GF158Q

15/03/2016

£1,098.48

C9GF7341

14/03/2016

£981.48

C0GF786J

14/03/2016

£1,187.42

C0GF779J

14/03/2016

£1,429.21

C0GF776J

14/03/2016

£247.96

C0GF793J

14/03/2016

£1,287.20

C0GF915J

14/03/2016

£1,631.72

C0GF918J

14/03/2016

£569.14

C0GF792J

14/03/2016

£428.22

C0GF787J

14/03/2016

£438.22

C0GF799J

14/03/2016

£1,068.55

C0GF796J

14/03/2016

£1,555.91

C0GF919J

14/03/2016

£1,778.13

C0GF916J

07/03/2016

£1,248.68

C2GF571D

29/02/2016

£1,557.23

C9GF9961

29/02/2016

£1,684.58

C9gf9960

29/02/2016

£1,637.48

C1GF370C

29/02/2016

£1,412.87

C1GF372C

29/02/2016

£1,316.16

C1GF380C

29/02/2016

£930.42

C1GF378C

29/02/2016

£1,435.92

C1GF374C

29/02/2016

£1,424.24

C9GF9962

26/02/2016

£1,080.89

C1GF377C

24/02/2016

£1,248.24

C9GF7345

24/02/2016

£1,073.39

C9GF7348

24/02/2016

£578.78

C9GF7358

24/02/2016

£921.08

C9GF7349

24/02/2016

£920.46

C9GF7355

24/02/2016

£921.40

C9GF7351

24/02/2016

£920.62

C9GF7350

24/02/2016

£578.46

C9GF7359

24/02/2016

£1,096.80

C9GF7330

24/02/2016

£1,128.63

C9GF7336

24/02/2016

£1,131.19

C9GF7339

24/02/2016

£985.27

C9GF7344

24/02/2016

£790.53

C9GF7342

24/02/2016

£1,107.99

C9GF7346

19/02/2016

£584.27

B3GF7G8N

18/01/2016

£260.66

B0GF3T89

11/01/2016

£1,406.34

B0GF1M6V

05/01/2016

£951.13

B0GF8K9V

05/01/2016

£943.82

B0GF9K3V

05/01/2016

£250.78

B0GF9K7V

05/01/2016

£572.95

B0GF9K6V

05/01/2016

£1,027.18

B1GF0K2V

05/01/2016

£1,143.89

B0GF9K4V

05/01/2016

£1,099.46

B1GF0K1V

05/01/2016

£1,122.80

B0GF9K9V

05/01/2016

£964.93

B0GF9K8V

05/01/2016

£1,263.71

B7GF8K2Y

05/01/2016

£250.78

B0GF9K5V

05/01/2016

£1,432.34

B1GF0K5V

05/01/2016

£577.95

B3GF7G1N

14/12/2015

£780.09

B3GF7G4N

14/12/2015

£793.09

B3GF7G6N

14/12/2015

£776.47

B3GF7G5N

14/12/2015

£572.73

B3GF7G0N

14/12/2015

£776.31

B3GF8G3N

14/12/2015

£928.92

B3GF8G6N

14/12/2015

£950.10

B3GF8G0N

14/12/2015

£944.74

B3GF8G4N

14/12/2015

£941.36

B3GF7G9N

14/12/2015

£779.42

B3GF8G5N

14/12/2015

£783.09

B2GF7G0Q

14/12/2015

£935.30

B2GF7G1Q

26/11/2015

£943.02

B7GF8F7E

10/11/2015

£781.54

B2GF3D4H

10/11/2015

£923.79

B2GF3D9H

10/11/2015

£944.31

B2GF3D5H

10/11/2015

£1,112.86

B2GF4D3H

10/11/2015

£951.50

B2GF4D0H

10/11/2015

£935.13

B2GF3D7H

10/11/2015

£921.08

B2GF3D8H

10/11/2015

£935.65

B2GF4D1H

10/11/2015

£1,111.48

B2GF3D6H

10/11/2015

£1,095.68

B2GF4D6H

10/11/2015

£1,112.69

B2GF4D5H

10/11/2015

£950.65

B2GF4D8H

10/11/2015

£943.68

B2GF4D7H

10/11/2015

£1,303.55

B2GF4D9H

09/10/2015

£957.69

B0GF3T87

Do the cases which we pursue go to court?

Yes, where a case remains unpaid, the case is passed to the firm of lawyers as instructed by our clients (landowners and parking operators).

Our clients are regularly obtaining County Court Judgments (CCJs) against non-paying motorists through the county court and the sheriff court (Scotland).

A CCJ, if not paid seriously affects the credit rating of the individual it is issued against and their ability to obtain credit, such as; loans, mobile phone contracts, car finance, credit cards and mortgages for many years. Attachments of earnings orders, or court-appointed enforcement agents could be used to recover the outstanding monies.