Are Parking Charges Legal in Scotland

The content of this website is provided for informational purposes only and should not be construed as legal advice and should not be treated as a substitute for specific advice. Morton Fraser LLP assumes no responsibility for the content of third party websites to which this website links. Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority. “Private parking operators may then want to sue you, but usually ignore this option because the amount of money in dispute is relatively small.” Parking Wars is an American reality television series that aired on the A&E television network from 2008 to 2012. [1] The program followed park wardens as they engaged in ticketing, “boating”,towing and handing over vehicles to their owners as part of their enforcement obligations for parking offences. You should never ignore a parking fine, whether you received it on private or public land. A judge may order you to pay a parking fee if the operator wins a lawsuit. A CAB in the west of Scotland reports a customer who had parked in a car park advertised as “FREE PARKING”. When she returned to her car, she found a ticket on the windshield in which she demanded a payment of £100. It turns out that although parking is free, it is on the condition that you take a ticket out of the ATM after entering your license plate details. The customer only noticed this after reading the notice about the machine in the parking lot, because the signs only announced free parking for four hours (which she had respected). The client had appealed the charges, but the company ignored her appeal letter and received a new £160 claim threatening lawsuits and bailiffs (who do not operate in the Scottish legal system). The client is now very worried that people will show up at her door and demand large sums of money.

Note: You must dispute the parking fee with the operator before submitting a parking fee to an independent complaints service. NCPs are issued by local parking attendants and are usually issued when traffic control order (TRO) rules have been violated. The attendant will give the ticket to the driver or put it on your car. Residents can ask the local authority to “adopt” the road so that it is treated as a public road in the area and monitored by the local authority`s traffic guards. Alternatively, they can enter into an agreement with a private parking operator to manage restrictions on the road. You could try to challenge or resolve it. They will probably ask you who was driving the car at that time. You are not required to provide this information, but it is unlikely that it will stop tracking you unless you do. If they take to court what they can do and you rely on such a defense, the court will likely ask you to provide that information.

There is a serious assumption that you drove the car because it is your car. However, you need to refute it by providing evidence, as you are expected to know who drove your car. As for the amount, it seems exaggerated. How did £160 come about? You can only increase the amount initially due if this has been indicated in the terms and conditions displayed outside the car park. Not only can you add penalties etc., but there must be a legal basis for them, so they must have been indicated on the T`s and C`s on the panel. “The evidence we are presenting today will resonate with many drivers. This is a problem that has affected thousands of people across Scotland. We encourage anyone who has been unfairly treated by a private parking garage company to let us know through our online survey, which www.surveymonkey.com/r/itsnotfine For example, you might complain because the parking operator sent you a final request too quickly. Parking operators who are members of the BPA should wait 28 days before sending you a final application. CPI members must wait 14 days before sending their final warning letter. A parking ticket for a private property is called a Parking Fee Notice (NCP) – check your ticket for this wording.

So far I have ignored the various requests for a fixed fine of £170, but the case has now escalated and I am now on trial. In their letter, the lawyers for the debt collection companies cite a scenario in which the court awarded the plaintiff £24,500 for several unpaid fees (I only have one). According to professional codes, the fee should not exceed £100 unless this can be justified. For example, you may be able to dispute a fee of more than £100 if the ranger is a member of a professional association. It was the decision in a case of the Supreme Court of the United Kingdom (ParkingEye Ltd v Beavis [2015] UKSC 67) that applied to England, Wales and Northern Ireland. However, this means that companies can charge a reasonable fee. In the Scottish case, which was heard before Dundee Sheriff`s Court, a similar decision was made in Vehicle Control Services v Mackie. Private parking operators could sue you, but they may choose not to because the amount of money required is usually quite small. Your chances of winning an appeal are slim if the landowner or operator has correctly issued the parking fee and followed the Code of Conduct. It has been widely reported that if you receive such fees from a private company, you should ignore them as there is nothing that can be done to enforce a payment.

My colleague Debbie commented on the decision in Vehicle Control Services Limited v. Carly Mackie, who clearly warned motorists of the consequences of ignoring parking fees. Ms Mackie was held liable by the courts for paying £24,500 to Vehicle Control Services because they had signs clearly indicating the consequences of parking in the car park without authorisation. By constantly deciding to park in the parking lot, Ms. Mackie accepted the contract and its terms. By parking in the area without authorization, Ms. Mackie violated these terms and conditions and therefore the contract. A company spokesperson added: “However, if you can prove that you have not violated the regulations at all and have relevant evidence to support your claim, it is possible that you may be able to be acquitted of certain parking fines. Evening Standard has touted DoNotPay as the robo-lawyer that has helped and won more than 160,000 parking ticket cases in London and New York. Yours could be the next success.

I received a fee notice from Highview Parking for exceeding parking in Livingston in front of a chip shop. Unlike fixed fines on public land, parking tickets on private land are not considered a criminal offence. If properly constituted, they are legally binding contracts. You can get a parking ticket on private land from the owner or a parking management company if you: If you park on private property, you enter into a contract with the landowner/operator. You have to pay if a judge decides in favor of a parking management company. There are different types of banknotes issued in Scotland – but if you have the misfortune of getting one from a private company, are you legally obliged to pay for it? A court may decide that you have breached a contract with the parking operator and that you must pay the fee. You have to remember that if it goes that far, you`ll probably have to face higher fees than those originally sent to you. If you complain that a BPA member has violated its code of conduct, the parking operator may be violating consumer protection regulations.