Euro Car Parks taking friend to court re: parking

[woolfie]

A friend of mine has received a 'form 6A' from local court in Scotland regarding a parking charge.

She has until mid December to answer it.

Does anyone have any thoughts on the best way to proceed with this?

 

has not had any contact with Euro Car Parks and she moved house after the alleged event took place so did not receive any of their speculative invoices.

She wants to pay it as she is going through a lot at the moment and doesn't want to go to court.

How can they prove she was the driver at the time?

 

Thoughts and advice gratefully received.

 

Thanks

Edited November 14, 2018 by dx100uk
spacing

[dx100uk]

thy cant unless she writes and tell them she was driving.

 

I hope she has updated DVLA about licence and V5C since?

 

this link is not for private parking claims but the same questions where relevant need answers

I will guess this is a simple procedure claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?475116-You-have-received-a-SCOTTISH-Court-Claim-What-you-need-to-do-**updated-April-2017**

[woolfie]

Yes mate you are right it is a simple procedure claim. She won't have done anything with DVLA. What does she need to do?

[dx100uk]

p'haps those are the more pressing issues and she CAN get fined £1000 by DVLA for not updating her address

do that for both her driving licence and the V5C for the car - TODAY

 

that explainswhy shes got nothing it all went to the old address.

 

it might be better to get her to sign up please.

I can see Chinese whispers causing us issues here in the future.

 

get that link done above

and if possible this one too...

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

tell her NOT to do anything

don't contact to anyone to do with NPS by any method!

 

nor the court at this stage...there is no rush

 

is it possible she could contact / get all the mail from her old home.

the NTK etc would be useful.

[woolfie]

I will get her to sign up

 

in the meantime I was mistaken,

she has a new car and it is all registered at the new address and her driving licence is registered at new address also.

 

The documentation she has received from the Sheriff Court says she has to respond by 7th December.

There is a blank response form to fill in.

 

I think part of the issue is that alleged parking took place in Autumn 2016 and she cannot clearly remember who was driving the car that day.

She is the registered keeper but not the driver!

 

She is concerned that if she says she was not the driver and they have access to CCTV or the like then she would be in more trouble.

 

I suspect the likely hood of that is very slim but I am not 100% sure.

Also would this be likely to go to court?

Thanks for your help

 

I also just noticed, and I don't know if it makes any difference, they have spelt her name wrongly in the court documentation!

Edited November 14, 2018 by dx100uk
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[dx100uk]

no they wont have CCTV

it was an ANPR capture I bet.

 

doesn't answer the question of why she received nothing before the claimform?

 

do you mean this was done when she had an old car and that's now gone...at her old address

the PPC would have gotten her address details from the DVLA at THE TIME OF THE TICKET.

and should have sent stuff through THEN, so she moved ot quick or what?

 

everything would then have gone there

now because they did not get a response

they've gone for a backdoor court claim

the problem for them is that in Scotland that's VERY difficult to do and they must show due diligence they have tried to local the respondant [defendant]

hence she has now got the claimform. so they've already come unstuck!

 

there is a remote poss she will have to goto the court house

but in most cases this is just a sitdown table talk not a full blown court room.

 

you've not filled in either of the links yt so I cant tell you more.

[ericsbrother]

was the parking event in Scotland? If so then she is almost home and dry but to be honest it would be a lot easier if she took over the posting on this thread so advice and information is exchanged correctly and swiftly

 

Get her to give us all of the information regadrding the when and where, what paperwork she has, what she has done in response and whether she can easily get to the site to get us some pictures of the signage there.

 

In short thee is no keeper liability in Scotland and no trespass so the parking co has to PROVE that she was the driver at the time and that she did accept a contract by reading the signs before parking adn those signs were clear enough to convey the full terms of the contract offered. bad lighting, iffy wording and even the wrong colour of the print can all ruin the parking co's claim

Edited November 15, 2018 by honeybee13
Paras