Scotland Euro Car Parks Ltd Simple Procedure Claims received

Confused962

Reading over Claims Form, the reason for PCN issue is 'vehicle not parked in marked bay'.
The only evidence submitted is photo of signage exclaiming 'resident parking only' and
'NO parking outwith marked private resident bays'

Could it be argued photographic evidence needs to be provided that said vehicle was indeed in violation?

Would the case be helped by providing statements from a resident that on occasions, car was parked in their resident allocated space. Would they need evidence?

KeithP

The only evidence submitted is photo of signage exclaiming 'resident parking only'...

That is a forbidding sign.

As the driver was a visitor to the site, and not a resident, he was forbidden from parking there.

In turn that means they were not offering the driver a contract to park, and it therefore follows that no contract could be formed, and thus none broken.

I could be wrong, but I think the laws of trespass are different in Scotland. Best check on that.

Confused962

No 'parking contract' is provided for visitors at all.

The car park is also gated but they do not enforce or check vehicles are residents only. Therefore Euro Car Parks could issue a PCN for even a 2minute stay for say, a delivery driver, or fast food delivery car as there is no signage for breaching any amount of time allowed to 'visit'

KeithP

Yes, but if they are not offering parking then they cannot charge for parking, can they?

Redx mentioned this in post #18 above.

Take pictures of those forbidding signs before they disappear.

Confused962

You're absolutely right, Redx did mention the forbidding signs, I'm just slowly getting my round all the points that can be made.

Luckily the photo of sign have been provided by claimant already

Umkomaas

Send ECP a SAR asking for all photos they hold of your vehicle (quote the VRM), and all data they hold about you, including all correspondence they have exchanges relating to you and your vehicle. Send a copy of your V5C (logbook) as proof you are the relevant person.

https://legalbeagles.info/library/guides_and_letters/court/subject-access-request/

Redx

Confused962 wrote: »

No 'parking contract' is provided for visitors at all.

The car park is also gated but they do not enforce or check vehicles are residents only. Therefore Euro Car Parks could issue a PCN for even a 2minute stay for say, a delivery driver, or fast food delivery car as there is no signage for breaching any amount of time allowed to 'visit'

But if that happened they would be breaching the BPA Cop which I assume you have not read , especially clause #13 in the England and Wales section , probably the same for Scotland if you scroll down , checkout grace periods

Also read the Jopson case which mentions these scenarios

And yes I did mention forbidding signage and so no offer of parking

I also mentioned getting your facts right too , by learning about this topic , not helped with assumptions and speculation that deflect your focus , like delivery drivers stopping for just a few minutes

Stick to what applies and what does not apply , facts , not speculating about dozens of scenarios that don't apply in this case

Had you been a delivery driver stopped for a few minutes and got ticketed , as happens down here , our advice would be tailored and bespoke

But you are learning fast so keep researching the topic , bearing in mind you are 7 years behind us down south due to POFA , Beavis , Jopson etc

Find out about trespassing in regards to Scotland , which is what this is

Confused962

Thank you! Will do that ASAP

Confused962

@Redx Was just researching BPA code of conduct about grace periods, am slowly gathering a lot of information,
Yes, absolutely, will stick to facts and not scenarios that will not help, thank you so much for advice

Confused962

Car park signaget:
"THIS CAR PARK IS PATROLLED, FAILURE TO COMPLY WITH RESULT IN THE ISSUE OF A £70 PARKING CHARGE NOTICE (£40 IF PAID WITHIN 14 DAYS OF ISSUE)

NO PARKING OUTWITH MARKED PRIVATE RESIDEMT BAYS"