URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Private parking tickets
       *****************************************************
       #Post#: 77675--------------------------------------------------
       Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: bigred247
       Date: June 23, 2025, 5:43 am
       ---------------------------------------------------------
       Received Debt Recovery Letter from TRACE – Confused About
       Process and Next Steps
       Hi all,
       I received a letter from TRACE Debt Recovery dated Friday 20th
       June regarding an alleged non-payment to National Car Parks
       (NCP) for a drop-off at Gatwick Airport.
       Some background for context:
       - I am the registered keeper of the vehicle (as per the V5C).
       - The vehicle is registered at my former address, where my
       sister and mother currently live.
       - Although the car is legally mine, they have been using it
       regularly for the past 18 months. I didn’t change the address on
       the V5C as it made things easier for them to manage MOT,
       insurance, servicing, etc.
       - After receiving the TRACE letter, I spoke to my sister who has
       now found an unopened letter from NCP (photo attached) at the
       old address regarding the original PCN (photo attached).
       - What’s puzzling is that TRACE managed to send the debt
       recovery letter to my current address, where I’ve been living
       for around 3 years. I’m not sure how they obtained this.
       My questions:
       - Is there any advice on how to handle this?
       - Now that the matter has been passed to debt recovery, where do
       I stand legally?
       - Is it possible to rewind the process and go back to appealing
       the PCN?
       - Can I ignore this letter entirely?
       - I came across [member=26]b789[/member]’s comment in this
       thread:
  HTML https://www.ftla.uk/private-parking-tickets/pcn-from-ukcps-limited/msg74440/#msg74440<br
       />– does that situation apply here?
       Grateful for any help or insight.
       Thanks in advance.
       ---------------------------------------------------------
       ### Trace Debt Recovery
  HTML https://i.imgur.com/WlFhLHE.jpeg
  HTML https://i.imgur.com/HM9k8yc.jpeg
       ### NCP
       Apologies for the poor quality of the NCP images.
  HTML https://i.imgur.com/OxBh0lx.jpeg
  HTML https://i.imgur.com/fuaYawC.jpeg
       #Post#: 77692--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: b789
       Date: June 23, 2025, 6:34 am
       ---------------------------------------------------------
       Too late appeal now but nothing to worry about. Ignore Trace and
       any other useless debt collector. They are powerless to do
       anything except to try and persuade the low-hanging fruit on the
       gullible tree to pay up out of ignorance and fear.
       There is zero risk of a CCJ, even if this were one of the less
       than 0.1% of cases that ever made it as far as court and you
       lost. They have no idea of the drivers identity and unless the
       Keeper blabs it to them, they have nowhere togo with this as the
       Notice to Keeper (NtK) was not delivered within the relevant
       period to be able to rely on PoFA 2012 to hold the Keeper
       liable.
       However, anything going forwards has to be in the name of the
       Registered Keeper, irrespective of who was driving. No "on
       behalf of" but in the Keeper name.
       For now, I advise that you email the following as a formal
       complaint to NCP as the registered Keeper. Address it to
       customer.service@ncp.co.uk and also CC in yourself:
       --- Quote ---
       > Subject: Formal Complaint and Challenge to Keeper Liability –
       PCN [Insert Reference Number]
       >
       > Dear Sir/Madam,
       >
       > I write as the Registered Keeper of the vehicle with
       registration number [INSERT REG] in relation to the
       above-referenced Parking Charge Notice (PCN), which I have only
       recently become aware of following a letter from a debt recovery
       agency (Trace) sent to my current address.
       >
       > Upon investigation, I discovered that the original Notice to
       Keeper (NtK) was sent to a former address where I no longer
       reside. This address remains on the vehicle’s V5C due to an
       administrative oversight, although my relatives still reside
       there. The NtK was only recently retrieved and had been
       overlooked.
       >
       > Having reviewed the NtK, I note that it was not issued within
       the statutory timeframe required under Schedule 4 of the
       Protection of Freedoms Act 2012 (PoFA). As such, you have failed
       to meet the conditions necessary to hold the Registered Keeper
       liable for the alleged charge. Specifically, the NtK was not
       delivered within the period prescribed by Paragraph 9(5) of
       Schedule 4, which requires delivery within 14 days of the
       alleged contravention where no Notice to Driver was issued.
       >
       > Accordingly, I reject any attempt to hold me liable as Keeper.
       You are not entitled to pursue me under PoFA, and I will not be
       naming the driver. I therefore require that you cancel this PCN
       immediately and confirm in writing that no further action will
       be taken.
       >
       > This letter also serves as a formal complaint regarding your
       failure to comply with PoFA and your inappropriate escalation to
       a debt recovery agency without first ensuring proper service of
       the NtK. I expect this complaint to be handled in accordance
       with your published complaints procedure.
       >
       > Separately, I will be submitting a Data Rectification Notice
       under Article 16 of the UK GDPR to update my address for service
       and require that you erase the former address from your records
       under Article 17(1)(d), as it is no longer accurate or necessary
       for processing.
       >
       > Please confirm receipt of this complaint and your intended
       actions within 14 days.
       >
       > Yours faithfully,
       >
       > [Your Full Name]
       > [Current Address]
       > [Email Address – optional]
       > [Date]
       --- End Quote ---
       Also send a Data Rectification Notice (DRN) to the NCP DPO at
       dataprotection@ncp.co.uk and again, CC in yourself. A DRN must
       instruct the company to update their records with your current
       address for service and to erase your old address. The
       highlighted words are there for a reason so use them.
       #Post#: 77695--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: DWMB2
       Date: June 23, 2025, 6:41 am
       ---------------------------------------------------------
       A small aside to the above, I note that you mention you have
       deliberately left the car registered at your old address because
       it makes it easier for your relatives who still use the car.
       Whilst this is your choice, it may be worth reconsidering.
       There is no requirement for the vehicle to be registered at an
       address you are living at, but the address on the V5C should be
       one at which you are able to promptly and reliably
       receive/respond to mail. Given that you only found out in June
       about a letter sent to you in April, it would seem this might
       not be the case. If this letter had been an notice from the
       police regarding speeding (for example), rather than a private
       parking charge, you'd probably now be facing prosecution for
       failing to name the driver.
       #Post#: 77703--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: bigred247
       Date: June 23, 2025, 7:14 am
       ---------------------------------------------------------
       [member=26]b789[/member]
       Thank you very much your feedback and the template. This is
       greatly appreciated. I'll go ahead and action per your
       instructions.
       #Post#: 77768--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: The Slithy Tove
       Date: June 23, 2025, 11:44 am
       ---------------------------------------------------------
       --- Quote from: b789 link ---
       > ...the Notice to Keeper (NtK) was not delivered within the
       relevant period to be able to rely on PoFA 2012 to hold the
       Keeper liable.
       >
       --- End Quote ---
       The land isn't Relevant Land as per POFA anyway, as Airport
       Byelaws apply, so it cannot be applied regardless of when the
       NtK was delivered.
       Further, NCP don't claim anywhere that they are using POFA, so I
       don't think the "complaint" letter is worded appropriately. That
       letter seems to claim they are using POFA to hold the keeper
       liable, but it doesn't. All they are saying is pay up (on the
       driver's behalf) or tell us who the driver was. If they later
       try to say the keeper is actually liable, only then do you have
       something to complain about.
       #Post#: 77829--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: b789
       Date: June 24, 2025, 2:38 am
       ---------------------------------------------------------
       True. I didn't even look at the location. My bad. Still, here's
       a slightly adjusted letter you can send, if you've not already
       sent the other one. Won't make much difference though.
       --- Quote ---
       > Subject: Formal Complaint and Challenge to Keeper Liability –
       PCN [Insert Reference Number]
       >
       > Dear Sir/Madam,
       >
       > I write as the Registered Keeper of the vehicle with
       registration number [INSERT REG] in relation to the
       above-referenced Parking Charge Notice (PCN), which I only
       recently became aware of following a letter from Trace Debt
       Recovery sent to my current address.
       >
       > Upon investigation, I discovered that the original Notice was
       sent to a former address where I no longer reside. That address
       remains on the vehicle’s V5C due to an administrative oversight,
       although my relatives still live there. The notice was only
       recently retrieved and had been previously overlooked.
       >
       > Regardless, I note that the location in question — Gatwick
       Airport — is not classified as “relevant land” under Schedule 4
       of the Protection of Freedoms Act 2012. As such, you are unable
       to rely on PoFA to hold me liable as the Registered Keeper. I
       will not be naming the driver, and you have no lawful basis to
       pursue me for this charge.
       >
       > This letter also constitutes a formal complaint regarding your
       inappropriate escalation of this matter to a debt recovery
       agency without first ensuring proper service of the original
       notice or verifying the legal basis for pursuing the Keeper. I
       expect this complaint to be handled in accordance with your
       published complaints procedure.
       >
       > Separately, I will be submitting a Data Rectification Notice
       under Article 16 of the UK GDPR to update my address for service
       and require that you erase the former address from your records
       under Article 17(1)(d), as it is no longer accurate or necessary
       for processing.
       >
       > Please confirm cancellation of this PCN and provide a written
       response to this complaint within 14 days.
       >
       > Yours faithfully,
       >
       > [Your Full Name]
       > [Current Address]
       > [Email Address – optional]
       > [Date]
       --- End Quote ---
       #Post#: 87218--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: bigred247
       Date: August 26, 2025, 5:22 am
       ---------------------------------------------------------
       [member=26]b789[/member]
       Sorry. I switched off and didn't read your last message but i
       had already sent the template off by then.
       #Post#: 87219--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: bigred247
       Date: August 26, 2025, 5:23 am
       ---------------------------------------------------------
       I haven't received any replies to the 2 x emails i sent to NCP,
       but have receieved an a "letter before claim" letter from
       Moorside Legal. I'll post it here very shortly.
       #Post#: 87223--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: bigred247
       Date: August 26, 2025, 5:28 am
       ---------------------------------------------------------
       'Letter before claim' received from Moorside Legal
       Any advice on how i should deal with this?
  HTML https://i.imgur.com/eTXFnln.jpeg
  HTML https://i.imgur.com/yqsgH54.jpeg
       #Post#: 87240--------------------------------------------------
       Re: Debt Recovery Letter from TRACE (NCP Gatwick)
   DIR By: bigred247
       Date: August 26, 2025, 6:27 am
       ---------------------------------------------------------
       [member=26]b789[/member]
       I've just seen you comment in the message below for a similar
       case. Am i safe to use this same email template and send it to
       help@moorsidelegal.co.uk and CC myself?
  HTML https://www.ftla.uk/private-parking-tickets/letter-before-claim-moorside-legal-7650/msg85407/#msg85407
       *****************************************************
       Page 1 of 2
   DIR Next Page