Euro Car Park overstay

JG123_3

Hi...I'm a newbie so apologies in advance for any errors in posting:D
My car [although I was not the driver] had an overstay of 38mins in a 240min free car park area at the local retail park. Euro Car Parks using number plate recognition camera at the in / out of the car park identified my car and sent a fine letter of £70, reduced to £50 for early payment. I wrote and explained the mitigating circumstances of having a disabled elderly relative in the car [with blue badge] and that there were no disabled bays available due to them being already taken. The driver required extra time due to having to accompany an elderly relative shopping and dining.
Their response was that they provide a space management service and therefore as the driver overstayed, then the fine was payable.
I've read all the posts on the forum, but still a little unclear if I am liable. This happened in Scotland, is Scots law any different from the advice on the forum? Should I pay or ignore?...thanks

trisontana

Just ignore these idiots . The law is no different in Scotland. In fact Euro might be breaking the law (The Equality Act) for not making extra provision for disabled people. Finally, this is not "fine", only the police and councils can use that term.

I would like to know what a "space management service" is. Have they teamed up with NASA?

Sir_Roger_deLodger

trisontana wrote: »

I would like to know what a "sapace management service" is. Have they teamed up with NASA?

Well, they do live on Planet Perky.

AlexisV

It's not a fine - private companies have no powers in law to issue fines.

esmerobbo

I think they missed a bit!!

trisontana wrote: »

"spaceD OUT management service"

RENEGADE_2

I am pleased you've sought advice from this forum before making the terminal mistake of paying those idiots. Had you posted earlier, you may even have spared yourself the inconvenience of an "appeal", as these pleas are never perused when the antagonist is a private company.

If you wish to communicate with them, that is fine, but you should always make it known that you are not appealing (as appealing accedes to the authority of these rogues) and that you are denying the demand. You are within your rights to do this, it is not an offence to dispute a bill presented to you by someone in the private sector. If the charge is correct and legit, they may commence litigation and have the matter resolved in County Court. Since they seek money well beyond actual losses, they know better than to pursue the matter further and so they resort to these scare tactics.

Please also be aware that debt collectors are not bailiffs, they have no powers and are a bunch of toerags linked to the private parking company. Be confident, NOBODY owes a penny to Euro Car Parks.

Coupon-mad

JG123 wrote: »

Hi...I'm a newbie so apologies in advance for any errors in posting:D
My car [although I was not the driver] had an overstay of 38mins in a 240min free car park area at the local retail park. Euro Car Parks using number plate recognition camera at the in / out of the car park identified my car and sent a fine letter of £70, reduced to £50 for early payment. I wrote and explained the mitigating circumstances of having a disabled elderly relative in the car [with blue badge] and that there were no disabled bays available due to them being already taken. The driver required extra time due to having to accompany an elderly relative shopping and dining.
Their response was that they provide a space management service and therefore as the driver overstayed, then the fine was payable.
I've read all the posts on the forum, but still a little unclear if I am liable. This happened in Scotland, is Scots law any different from the advice on the forum? Should I pay or ignore?...thanks

Ignore ECP, Scotland is no different; PPC fake PCNs are all scams in the UK. Never, ever pay a private parking ticket - let them swivel.

But I would be proactive in another way. Collect a few threatograms which will start to arrive from Control Account or Roxburghe (ECP like to surprise you with their debt collector scary letters). Do not reply to them at all, do not be intimidated, do not take the bait and do not appeal. Have a laugh at their desperate scare tactics which usually mention 'County Court' even though in Scotland I believe there are no 'County courts'...

Once you have received some scary letters from debt collectors about this matter, send a serious letter of complaint to the CEO at the Head Office of the retailer or Managing company for that car park, giving them 10 days to reply and justify/explain their agents' clear breach of disability law. Do not write to ECP at all, only the H/O of the car park occupant(s). Enclose with the copy 'scary letters', a printout of this BBC article:

http://news.bbc.co.uk/1/hi/8488737.stm

Enclose copies of the scary letters and ask the retailer to explain the thinking behind the unlawful harassment of the registered keeper (you) who owes nothing and was not even driving, and of the disabled relative who WAS a customer but is now so upset they will never return. I tend to liken the practice of a PPC to a protection racket, scamming money out of the unwary under the guise of telling the 'client' that they can provide a service 'we can sort out your car parking issues for free, guv...'. I would point out the similarity to a protection racket to the Head Office and ask what were they thinking of to allow such a practice without checking the reputation and modus operandi of the parking company? They only had to Google it...!

State clearly that their agent has broken the Equality Act 2010 (which incorporates/replaces the DDA now) and the Protection from Harassment Act. Tell them you are considering legal action against the retailer for allowing such law-breaking in their name in their car park - and that you know the disabled relative can sue for compensation. Scare them like their agent tried to scare you - or better still actually go ahead and help the relative to sue them because the payout would be a good sum in the instance you have described (it's a clear breach and you have told ECP about the disability):

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DG_4019061

Either way, for best effect, do nothing yet, wait for some scary letters to enclose to show the harassment side of things. Enough complaints to retailers and PPCs will be kicked out of some car parks (has happened in some places already).

HTH

Clucksy

ECP are the same as every other private parking company in Scotland. They have no power and rely on scare tactics to coerce the uneducated into paying these charges :mad:.

If you want to read up some more, check out the thread on these forums about Civil Enforcement Ltd - same story different company. lots of really good advice there.

And don't worry - no such thing as County Court in Scotland. They'd have to take you to a small claims court and have to pay at least £65 to take you to court for what, £70 or so? Not gonna happen!

I suggest you don't contact them at all to be honest, just look forward to letters with more and more red on them!

RENEGADE_2

Clucksy wrote: »

They have no power and rely on scare tactics to coerce the uneducated into paying these charges :mad:.

These are our people for the purpose of the forum, so I don't want to refer to them as "uneductaed". They're probably more educated than the average PPC-agent, whose demographic consists mainly of bald-headed men in their 40s sharing filthy rented accommodation with a dangerous dog. Those who pay without consulting these forums are simply vulnerable and unsuspecting.