Private parking fines enforceable in Scotland - expat

www.heraldscotland.com/news/15201077.Drivers_fear_.../

It would be interesting to know more about this. There may be more to it than reported in the Herald. I expect that this will be appealed.

Woops - it looks as if ORB has beaten me to it. Mods - feel free to delete this.

Edited by expat on 04/04/2017 at 09:30

Private parking fines enforceable in Scotland - ExA35Owner

The Protection of Freedoms Act doesn't apply to parking in Scotland. Unfortunately for this defendant she didn't take appropriate action. She could have avoided the payment by either following the correct guidance (see PePiPoo and elsewhere) or by avoiding parking in the same manner so often.

Either she was very badly advised (there's plenty of wrong advice out there) or this is a deliberate set-up.

Private parking fines enforceable in Scotland - RobJP

Some of the judges words from the case (notably these have been omitted from most 'reporting', which these days seems to be a very small step removed from 'clickbait'

"She knew perfectly well what the signs displayed, and that she was parking in breach of the conditions.

She stated that (effectively a protest position) that parking charges were illegal and unenforceable in Scotland and that she could park where she liked as her father's guest.

The defender is not the tenant. The defender's car was an additional burden on the parking facilities and she was the same as any other interloper.

She was offered a permit by the factors (at a reasonable charge I think) but she refused on principle."

She knew exactly what she was doing, and carried on regardless. The permit offered to her was at a cost of £40 per month, she repeatedly refused.

Eventually, they got fed up with her, and took her to court. Where they won - because it was clearly signed as private property, and a fee or permit was required to park there.

Edited by RobJP on 04/04/2017 at 20:59

Private parking fines enforceable in Scotland - Bromptonaut

@RobJP

Do you have a link to written judgement? Looked on Courts Scotland and Bailii but couldn't find it.

Private parking fines enforceable in Scotland - RobJP

@RobJP

Do you have a link to written judgement? Looked on Courts Scotland and Bailii but couldn't find it.

No, though I did read a couple of considerably more 'facty-based reporting' articles on it yesterday.

A good article on it was that of the BBC, which actually goes into 'What does the law say', and makes it pretty clear that this is not just Scotland-based.

www.bbc.co.uk/news/uk-scotland-tayside-central-394...3

Basically, park on private property that is adequately signed, and you agree to the contract - which is then enforcable in law.

Private parking fines enforceable in Scotland - SLO76
I read a similar case a number of years back, for a smaller amount but still in excess of £5k. Basically it has to add up for them to persue you through the courts. Get one parking invoice (and it is an invoice not a penalty) and ignore it and you'll get a few nasty letters then nothing further but too many people up here in sunny Scotland mistakenly take this for a parking free for all. Run up enough of them to cover the cost of coming after you and they'll be on your ass.

I've gathered a couple in the last few years, both minor infractions in supermarkets when I overstayed my welcome by a few mins and neither has been paid or heard from again after the usual few letters but I won't make the mistake this lass made by abandoning my car there all day every day from now on.

They make a few costly examples from time to time to hit the headlines and scare folk into paying up but I've yet to find a single case of an unpaid parking invoice being taken to court in Scotland for a small amount as in one or maybe two ignored.
 

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