Euro Car Parks

[AFE]

I received a 'parking charge' notice for West End Retail Park in Glasgow today.

 

I had overstayed the two hour 'free parking'.

 

To be honest, I use this car park a lot to pop into M and S and Sainsburys, since it is near where I live and had never noticed signs.

 

On the particular morning the notice refers to, I spent some time reading in Caffe Nero and then did several shopping errands, all within the retail park.

 

Most forums suggest 'ignoring' such letters.

 

I am not good at ignoring such things since they tend to make me worry.

 

Later forums suggest that appealing is a better option.

 

I am the registered keeper and was driving the car that day.

 

Two photos of my licence plate and an indication of the time were included in letter as 'proof'.

 

My inclination is to pay £35 for a quiet life, but I know these companies rely on compliant citizens like me.

 

There was a similar thread several months ago, but not sure what happened.

 

Has anyone had recent experience in Scotland where I understand the legal situation is different and, if so, what advice would they offer?

 

Many thanks.

[dx100uk]

totally ignore

 

you are in Scotland.

 

dx

[Crocdoc]

Some ignore others challenge, it is very much up to individual. the benefit of challenging is that you can throw the ball back into their court as they never answer questions. If you decide to write use the following letter, they will continue to write to you making demands, however having refused to address the valid points raised in correspondence, you can then complain to the land owner on the grounds of harassment and insist that they bring their agents to heel.

 

 

I refer to your invoice dated the xxxxxx

 

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

[AFE]

Huge thanks for that. I think I will challenge and use this letter, which is most helpful. Many thanks for taking the time out to send it.

[AFE]

So I followed advice and sent the text suggested. The overdue demand letter arrived today! I have tried to find landowner online but no luck. I will send same letter again. Any ideas how long this should go on for?

Thanks

[Crocdoc]

Write back referring them to you initial correspondence and inform that you will not respond further to their demands and ignore all future begging letters.

 

The reason for writing in the first instance is simply to make it clear that you will not be taken in by their threats and it also gives you something to fall back on in the highly unlikely event that they raise a small debt action.

 

RECORDS SHOW THAT THESE COMPANIES AVOID SCOTTISH COURTS,

[AFE]

Thanks Crocdoc. Will follow your advice and fingers crossed!

[renegadeimp]

Ignore ignore. Youa re in scotland. There is NOTHING they can do. If they tried to file a court claim they would be laughed out of court and also be reprimanded.

[secretgardenfairy]

AFE - Please can you let me know how you got on re the parking charge for the retail park at Crow Road? I got caught exactly as you did - coffee etc in Nero and then errands in various shops all in the retail park. I'm so angry at being charged for the privilege of spending money there. Hope you got on ok. Any information would be really helpful.

 

Thanks

[dx100uk]

AFE - Please can you let me know how you got on re the parking charge for the retail park at Crow Road? I got caught exactly as you did - coffee etc in Nero and then errands in various shops all in the retail park. I'm so angry at being charged for the privilege of spending money there. Hope you got on ok. Any information would be really helpful.

 

Thanks

 

start your own thread

 

see the video below

 

dx