Course not in clearing options

The uni I want to apply through clearing says it's only offering places to students outside the EU because of the Scottish students funding cap. However what if there are scottish students who have not made their conditions ( which I'm so sure there will be) why can't I take one of their places. Should I email the uni directly asking if this is possible. I know a level results come out mis august so am I better waiting till they come out to see if places open up to me then. I just don't understand why I can't take the place of another Scottish student.