Scotland Euro Car Parks Ltd Simple Procedure Claims received

Confused962

Euro Car Parks Ltd have filed a Simple Procedure Claim against myself as the registered keeper in my local sheriff court.

The offences are 6 tickets for parking outside a marked bay. Location of offence is a gated car park which only allows resident parking. The dates of the offences are around July 2017 (so over 2 years ago). No prior appeals have been made to any of the tickets.

Keeper's defence is not/unsure of driver as over 2year ago, will this be enough?

Have read the Newbies thread but unsure how to proceed as this is in scotland, really appreciate any advice, thank you in advance

Redx

Hi , this is not a legal aid forum and court claims in Scotland are few in number , hence why you may get few or no replies

There is no keeper liability in Scotland , plus check what your lease or tenancy agreement says about parking , it may have stipulations or may be silent on permissions etc , or the Keeper or driver may have no restrictions or instructions listed at all

It is their job to prove that they are chasing the correct person and have the right to do so

Confused962

Thank you for reply🙏🏻

Have read the very few Scotland cases

Threads seem to show the best defence is unknown driver.

Car was parked in car park as a visitor and was advised by resident that visitors don't have any available parking but was fine as long as not causing obstruction. One car was seen to have 4 PCN...! The PCNs were not taken seriously by any of the residents or visitors...not in this case...!

Redx

and the unknown driver defence is a very good start , which is why I said that there is no keeper liability in Scotland so its up to the claimant to prove who was driving, which is the stance to be taken by the defendant

BrownTrout

Out of interest did euro issue it directly or via a solicitors ? ? If so which one?

The_Deep

Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

Nine times out of ten of these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies

Confused962

Simple Procedure Claims (essentially small claims) issued through Sherriff Court through Mellicks

Confused962

Have read blog post but may be different here as in Scotland.
Also driver not a resident of said car park.

BrownTrout

I think smart parking used mellicks and lost

Confused962

Yes, have read forum thread by Lozzypop10 (Can't seem to post link) and the case was won.
Am just struggling as what steps to take now and unsure how to write up defence...

BrownTrout

Well you have to be certain on not being the driver or otherwise. Half thoughts wont do.