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: 63208397

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.

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.