Euro Car parking fines at Partick retail park

Kyawolloh

I have received numerous letter and debt letters from euro car and debt recovery companies as I parked 10 minutes over the 2 hour limit back in January 2020. I was spending money in (the then cafe nero) with my 6 month old baby. By the time I got her pram etc into the car, that's when I ran over the time limit. 

Can I ignore these or should I pay the £170 fine? Can they legally take me to court? I have frequently read other threads but I am unsure of what to do with my situation. 

Kyawolloh

With my 6 month old baby and friends having a coffee and catch up ***

D_P_Dance

Please read the newbies they explain the way forward.  It is not a finee and it is not £170, read this and complain to your MP>

They have added what appears to be an extra unlawful amount of £70 for debt collection.

This amounts to double recovery and Judges all over the country are dismissing these spurious additions. Indeed some judges have dismissed entire claims because of this. Read this and complain to Trading Standards and your MP,

Excel v Wilkinson

At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.

https://www.dropbox.com/s/16qovzulab1szem/G4QZ465V Excel v Wilkinson.pdf?dl=0

However, VCS appealed this so it may not apply in all cases, read this

https://www.dropbox.com/s/ntksx9g7177ahyg/VCS v Percy v1 Amendments (2).pdf?dl=0Also read this

https://forums.moneysavingexpert.com/discussion/6279348/witness-statements-2-transcripts-re-parking-firms-false-costs-recorder-cohen-qc-judgment-2021/p1

Also consider complaining to The SRA about the solicitor, if one is involved They are fully aware of the unlawful nature of most of thse additions yet persist in adding them..

https://www.sra.org.uk/consumers/problems/ 

Umkomaas

You're in Scotland?  If so just ignore anything now short of a communication from the Sheriff Court, which, for a potential claim under £300, is vanishingly unlikely. Stop worrying. 

It will change later this year when the new Scotland Transport Act becomes fully effective, but it won't be retrospective and won't apply to the charge you're currently dealing with.  Then you'll need to be much more careful how and where you park. 

Redx

Complain to the retail park management and get the PCN cancelled , using the royal WE

No blabbing about who was driving , so choose your words carefully , because there is no keeper liability in Scotland !

They can take a driver to the sheriff's court , but we believe that the lower limit is £300

You can ignore the debt collector letters for £170

Kyawolloh

Thank you so much everyone for the advice! I am unsure of how to find the retail parks management contact information. I presume Google will hold this information? The letters are addressed to my partner but I was obviously the driver. So I can contact the retail management and not disclose this? 

Fruitcake

The Keeper should complain to the landowner/retail park management company and their MSP, and managers of any stores visited, being careful not to reveal the driver's identity.
The Driver should sit on their hands, and do and say absolutely nothing.

A search engine may well reveal the landowner or management company's details.

Redx

Kyawolloh said:

Thank you so much everyone for the advice! I am unsure of how to find the retail parks management contact information. I presume Google will hold this information? The letters are addressed to my partner but I was obviously the driver. So I can contact the retail management and not disclose this? 

Then as fruitcake says above , it's nothing to do with you , the keeper was not the driver but is getting the letters , so the keeper complains to the retail park management and gets it cancelled , because they have no liability , it's that simple in Scotland , for now

What the driver did it didn't do is of no relevance , unless somebody foolishly told them who was driving

The keeper can say that the driver ( use that term ) , who wasn't me , used the on-site facilities as a paying customer , so cancel this spurious PCN

The driver should hide behind the sofa and do nothing and say nothing at all