Scotland Euro Car Parks Ltd Simple Procedure Claims received

Confused962

Yes of course, I understand this, thanks

Fruitcake

The best defence is, I am the keeper who is not liable as the PoFA was never enacted in Scotland, AND I was not the driver.

Second best is, … AND I do not know who the driver was.
In this instance, the more people who could have been driving the better.

I don't know how balance of probabilities work in the Scottish courts but in England and Wales it has to be greater than 50%.
So, two named drivers on insurance is marginal but not greater than 50%. Three or more, much better odds.
Add in other family members, friends, garage mechanics etcetera who have permission then the odds it was the keeper drop further.

Whatever happens, the claimant has to prove they know the identity of the driver.

Redx

Confused962 wrote: »

Yes, have read forum thread by Lozzypop10 (Can't seem to post link) and the case was won.

link to Lozzypop10 case


https://forums.moneysavingexpert.com/discussion/6014174/simple-procedure-court-action-private-parking-firm&page=3

Confused962

Thank you, think this is best course of defence

Redx

in which case use that as the basis of your defence and look at recent defences on here that say the same , plus read and adapt whatever is suitable from the NEWBIES thread post #2 , where you will find about 17 defences as examples, especially read the ones by member bargepole

Confused962

Have been furiously reading all forums and unfortunately there aren't any other named drivers on insurance so this will make it easier for claimant to assume the keeper is the driver

Redx

I can drive your vehicle on my own insurance , as can thousands of other people in this country

remember , it is the claimants job to prove the driver parked there, plus if its forbidding signage then there was no contractual offer to park, plus they have to have the landowners authority flowing from the landowner to the PPC in order to take people to court

signage (or lack of) can also be their stumbling block, possibly other legal factors too

you are being defeatist without having all the facts at your disposal

presumably you are telling me that all the crims who say no comment are still found guilty and punished regardless ?? I do not think so

the burden of proof is on the those who bring the claim , hence the no keeper liability and no idea who was driving defence (plus landowner authority , poor and forbidding signage , no offer of parking in the first place etc)

Confused962

Thank you for your invaluable advice!
You're right, I am being a defeatist, have just been thrown as did not expect Claims after such a long time.
I have until November to send a Response so will be getting my head down and doing all the research I can to build case.

Redx

you say such a long time , yet in Scotland people have 5 years to bring a court claim, so in this case its not even halfway at the moment

these companies do try their luck in Scotland , just not very often due to no POFA and the court system being harder to crack


here in England and Wales its 6 years and we see claims after 5.5 years quite regularly , before the statute kicks in , so after 2 years is normal down here

Confused962

wow, that is unbelievable, no wonder, (in reference to your 1st reply) there are so many forums with England/Wales advice...I guess they made an exception, in Scotland, to pursue this case..!

Will be referencing all the advice posted, please keep them coming and thank you in advance/again!