What's the script with private parking tickets in Scotland now?

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  • What's the script with private parking tickets in Scotland now?
  • Premier Icon bruneep
    Subscriber

    Ignored the one my wife got recently and nothing so far.

    Premier Icon BoardinBob
    Subscriber

    Still unenforceable. Don’t know if the law change to admit who was driving applies in Scotland, but regardless case law regarding penalties in contracts still apply. Private parking infringements are breaches of contract and all the landowner/ PPC can claim for is losses, which the excessive parking charges are punitive and far higher than the true loss. So there’s no change to the situation. Ignore everything they send you and they’ll go away after 5-6 begging letters.

    Good to know. I’ve got one the same and just ignore the bugger 😀

    Premier Icon MartynS
    Subscriber

    Be a bit careful… Parking eye have been taking a lot of people to court, and winning a few cases as well.
    Is her car hers or leased .. If they begin to chase the registered keeper she may fall victim to the lease company charging her admin costs which are really hard to recover
    I’d appeal, along the lines of no loss occurred and the charges are putative. If they won’t cancel then send a popla code.

    Have a read on pepipoo for some more comprehensive advice

    nick1962
    Member

    Can’t comment on Scotland but this morning on the radio Nick Freeman ,he of finding every loophole in traffic offences possible, said something slightly different.Signs detailing charges must be clearly in place.They send the request for payment to the registered keeper but it is the driver who is liable for the parking charge.And as the registered keeper you are not legally obliged to confim who was driving.And charges above £60 are considered excessive and unreasonable.
    glupton
    Did your wife not see the signs on 4 occasions or just ignore them ?

    Wife has managed to get 4 of them in the course of her work. Are you still able to just ignore then as they’re unenforceable? Or is my memory correct in thinking that the law here recently changed?

    Didnt see the signs.

    I went and had a look tonight and the signs in that part of the car park are at a height where if any cars are parked in the space with the sign in it you cant see the sign.

    heavyman
    Member

    They are only unenforceable if issued by private companies – e.g. Supermarket car parks. If it is issued by the local Constabulary then you must pay or yer doomed! Who issued them?

    Private company.

    heavyman
    Member

    This reminded me of a wee drama. I was sitting in my car in Morrisons car park waiting for my Mrs, she was shopping of course. I didn’t have a ticket and the wee man came up and said “you need to buy a ticket” I grunted at him and he walked away, 10 mins later he came back and said “are you still there, you must buy a ticket” I told him that my wife as at the Chemist getting a prescription, an excuse I often use for traffic wardens and usually buys time. Anyways, 5 mins later he was back and said “if you don’t buy a ticket I’ll give you a parking fine” I didn’t say anything this time just smiled. He came back 10 minutes later, I pretended I was sleeping, he came up to the driver door and I heard him mutter, “aw he’s pretending to sleep now” I had to stifle my laugh and opened the window – said Look mate what do you want, I’m not buying a ticket, I’m waiting for my wife and she is taking longer than expected. This wee man proceeds to write out his ticket and handed it to me through the window lol, I screwed it up and threw it back at him, he walked away muttering “youll be in trouble if you don’t pay” I didn’t have the heart to tell him that I had another 14 of these parking tickets already in my glove compartment – never paid for any of these.

    Premier Icon irc
    Subscriber

    as the registered keeper you are not legally obliged to confim who was driving.

    True but following the Protection of Freedoms Act 2012 if the reg keeper chooses not to name the driver the parking company can pursue the reg keeper instead. As per Pepipoo

    in England and Wales the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket. These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:

    The PPC may “invite” (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression. If the RK doesn’t do so, or their invitation is ignored, the PPC is entitled to pursue the RK for whatever charge they are lawfully entitled to from the driver. If the RK does give the name of the driver, the PPC must solely pursue the driver. Therefore as long as the PPC goes through the correct process, relying solely on the argument that “I was not the driver” won’t help you. However that is the only change, and if the decision is to ignore then it simply means that the RK ignores rather than the driver.

    http://forums.pepipoo.com/?showtopic=46975

    Premier Icon scotroutes
    Subscriber

    irc wrote:

    as the registered keeper you are not legally obliged to confim who was driving.
    True but following the Protection of Freedoms Act 2012 if rthe reg keeper chooses not to name the driver the parking company can pursue the reg keeper instead. As per Pepipoo
    in England and Wales the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket. These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:
    The PPC may “invite” (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression. If the RK doesn’t do so, or their invitation is ignored, the PPC is entitled to pursue the RK for whatever charge they are lawfully entitled to from the driver. If the RK does give the name of the driver, the PPC must solely pursue the driver. Therefore as long as the PPC goes through the correct process, relying solely on the argument that “I was not the driver” won’t help you. However that is the only change, and if the decision is to ignore then it simply means that the RK ignores rather than the driver.
    http://forums.pepipoo.com/?showtopic=46975

    Premier Icon irc
    Subscriber

    My mistake!!! Think the mention of Nick Freeman made me think England rather than Scotland as in thread title.

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