Scotland Euro Car Parks Ltd Simple Procedure Claims received

BrownTrout

Your main defence and strongest defence is you were not the driver

Confused962

Have adapted SAR from template, anything I've not included?

Will be emailing it to their solicitor and DOP email addresses

Full Address

Phone No

Date

Company name
Address

Dear Sir or Madam

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR)

Full Name
Address

Simple Procedure Claim Ref Case number: XXXXX

VRM: XXXXXX

Please supply the data about me that I am entitled to under data protection law relating to myself in Case Number XXXXXX:

- ALL photos taken
- all letters sent and received
- all data held and all evidence you will rely on
-! full copy of the PCN, NTK
- and a list of all PCNs Euro Car Parks Ltd! consider are outstanding against me!

If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.ukor it can be contacted on 0303 123 1113.

Yours faithfully

Redx

Seems ok as it's only your own data that you can ask for

Attach a copy of the claim form plus a copy of the V5C as proof of ID under the GDPR

KeithP

Confused962 wrote: »

Car park signage does include a parking contract:
"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"

But, as you told us earlier, it only offers a contract to residents.

It's not difficult, if the driver are not a resident, then he is forbidden to park there. Full stop.

There can be no contract formed with non-residents, hence there can be no breach of contract.

Confused962

Could it be argued that because the vehicle has been fined in an unmarked bay that the 'contract' was failure to comply with the signage?
*sigh I'm so confused but I think I understand what you mean, thanks again for clarifying...

BrownTrout

If you were not the driver then dont over egg it

KeithP

Confused962 wrote: »

Could it be argued that because the vehicle has been fined in an unmarked bay that the 'contract' was failure to comply with the signage?

And what contract are you referring to now?

Did the driver have a prior agreement, with someone somewhere, that he would obey the signs that he hadn't yet seen?

This is getting silly.

The signs forbade the driver to park there. There is no contract. Therefore no breach of contract.


But do keep in mind BrownTrout's earlier point:

Your main defence and strongest defence is you were not the driver.

If you want to continue fighting the PPC's battle for them, I'll leave you to it.

Redx

as above , its forbidding signage , no offer to park other than for residents who must park in a bay

the offer to non-residents is non-existent, so if they fail to offer a visitor parking then they fail to offer a parking contract between ECP and any visitor

no parking contract means the visitor was trespassing on each occasion , with no permission to park at all , from anyone who can give permission

only the landowner can sue for trespass in England and Wales , so check what is true about Scotland regarding trespassing and who can sue for it, which I doubt is a private parking company


and private parking companies cannot issue a "fine" to anyone in the UK , anywhere


but the best defence was given by browntrout , no keeper liability due to no POFA plus no driver liability unless the PPC has identified said driver = NO COMMENT (apart from stating that the driver will not be identified as is your legal right and you as keeper have no liability due to no POFA and it is not mandatory to name the driver)

I did tell you right at the very beginning that if you wanted legal help you should try legal beagles , or pay a lawyer for legal advice pertaining to Scotland and Scottish law


ECP and Mellicks must be p****** themselves reading this thread on a public forum, or taking screenshots

Fruitcake

Confused962 wrote: »

Could it be argued that because the vehicle has been fined in an unmarked bay that the 'contract' was failure to comply with the signage?
*sigh I'm so confused but I think I understand what you mean, thanks again for clarifying...

Nobody has been fined, unless Scottish law differs so much from English and Welsh law that a private company can issue a fine.

Yes it could be argued thusly, but rebutted because there is no offer to park. There is no consideration. There is no, I provide something to you, and you pay for it.
By saying, no parking for non-residents, the scammers are not offering anything but still want something for nothing.

Again, defence point 1 is, the keeper cannot be held liable in Scotland, only the driver can. They haven't told you who the driver is. They can't tell the judge (or whatever his/her title is in Scotland) who the driver is because they don't know. They can't prove they know who the driver is.

You need to determine who else "could" have been driving. Other family members, friends, garage mechanics, carers etcetera. Anyone insured to drive someone else's car. You don't need to name them, just state they had access and permission.

Defence point 2. Forbidding signage.

Defence point 3. Inadequate signage

Other points should include, no contract with the landowner, no standing to issue charges in their own name, no standing to start court proceedings. You need them to provide a copy of the alleged contract with the landowner to check dates and signatories. To do that you state that you believe no such contract exists, or in the alternative, that no such clauses exist.

Confused962

Thank you so much for clarifying everything and defence point!
My head has been spinning with all the info and advice.

Have sent SAR to DOP@ECP and their solicitor as specified in the Simple Procedure Claims forms for correspondence. I hope that's right...

Will continue reading up on threads and gathering defence points.
Have been reading Legal Beagles and may start a thread there too as there does seem to be more Scottish law advice...