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Chat Area => General Car Chat => Topic started by: Viral_Jim on 03 April 2017, 16:28:41

Title: Has the law on private parking fines changed? Or is Scotland different?
Post by: Viral_Jim on 03 April 2017, 16:28:41
I was under the impression that parking tickets issued by private companies weren't enforceable, although as I'm yet to receive one I haven't done much in the way of investigation on the matter.

This story from BBC news runs counter to that understanding. However as I mentioned it is a Scottish case and I know they can be funny about things. Many things...

http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203 (http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203)
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: Sir Tigger KC on 03 April 2017, 16:34:10
Everything in Scotland is different.  They'll be a foreign country soonish. :)
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: Lizzie Zoom on 03 April 2017, 16:44:22
Ouch!! :o :o :o

That was an expensive mistake for her to make :'(
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: Lazydocker on 03 April 2017, 16:52:02
It's always been a misconception that they aren't enforceable, it just isn't worth chasing someone for a single ticket. If you read the article, she took the piss and parked there repeatedly instead of buying a permit.
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: Viral_Jim on 03 April 2017, 16:57:21
Yes I was aware of her "determination" to ignore the issue. What I was mis-informed about was the validity of such penalties.
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: korum on 03 April 2017, 17:06:45
My question, is the spot outside of the garage not part of the garage? as i would of thought it was and therefore parking outside of said garage as she had done should mean no ticket ???
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: STEMO on 03 April 2017, 17:16:29
http://www.moneysavingexpert.com/reclaim/private-parking-tickets
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: Entwood on 03 April 2017, 17:55:48
dead simple really ....

Private landowners and car parking firms do not have the power to issue Penalty Charge Notices
However, by parking in a restricted private area, a motorist can be considered to be agreeing to a contract with the landowner or car park operator, provided there is adequate signage warning of the charge.
Failing to pay can be seen as a breach of contract and the car parking firm can take the motorist to court to recover their losses.

The sheriff said Ms Mackie had "entirely misdirected herself" on both the law and "the contractual chain" in the case.
He said: "The defender is bound by that contract and incurred the parking charge on each occasion.
"The defender refused to pay the parking charges not because she was unaware of the parking scheme or the terms of the notices or the financial consequences of parking at any time, but because she did not believe that the charges were valid in law.
"The parking charges flow from a valid contract between the pursuers and the defender and she is liable for them."


She was given the chance of a parking space, refused to listen as "she knew best" .....   and paid the consequences  :)
Title: Re: Has the law on private parking fines changed? Or is Scotland different?
Post by: Migv6 le Frog Fan on 03 April 2017, 18:57:03
In those circumstances - serves her right.  :y
Not like a woman to be bloody minded though.  ::) :D ;D