It's not a high Court session as such. There's no trial or jury, just a judge.

Not every case goes this way, but I assume doing a few will spread by word of mouth and increase those coughing up instead of ignoring.

Problem is if it's you they decide to go after, once bailiffs are on your doorstep there's nothing you can do but cough up the original charge + costs + bailiffs charges (fixed costs now defined in law).

You could be facing a pay up now demand for getting on for £1,000

However, the nub of the matter is that the Parking Company must show proof that a debt is owed.   A photograph of a car in a car park is not proof that a parking charge was not paid.

Bailiffs are not authorised to remove any item classed as "tools of the trade" required for the debtor to carry on his business, neither are they authorised to leave the debtor homeless.   Bailiffs are also not permitted to remove any item that does not belong to the debtor so, my car, for example which is on a finance agreement with Volkswagen Finance is not theirs to take.

Remember they could put a charge against your home if you own it/have a mortgage on it.

Remember they could put a charge against your home if you own it/have a mortgage on it.

 

The parking company would like everyone to believe they hold extensive powers so that people are more inclined to pay. I doubt that many judgements have been passed by a high court judge and still fewer bailiffs appeared but even if they had there is still due process. It takes a brave heart to risk high court costs to recoup a few quid. Do the maths.

I have received one today.

(Well the registered keeper did)

 

Parked in a Holiday Inn Express car park for 1 hour & 19 minutes.

 Which i did while waiting near a Scottish Airport.

I drove in while it was dark, as i have done for years, waited 1 hour & 19 minutes and then left,

& i passed no barriers going in or out & never left the car,

so i read no Signs.

 £100, or £60 if paid in 14 days.

Parking on Private Land it says.

 

So no Trespass in Scotland, and no Barriers, gates or such signs to indicate there were charges or i was entering into some contract.

& if i was, £100 for 79 minutes parking is ridiculous.

 

So end of story, they will no doubt write again to the registered keeper and by the second letter it will be a £350 Penalty Charge.

& the threat of the Debt Collection Agency.

None of which is legal under Scottish Law.

 

george

Edited 21 November, 201411 yr by goneoffSKi

I have received one today.

(Well the registered keeper did)

 

Parked in a Holiday Inn Express car park for 1 hour & 19 minutes.

 Which i did while waiting near a Scottish Airport.

I drove in while it was dark, as i have done for years, waited 1 hour & 19 minutes and then left,

& i passed no barriers going in or out & never left the car,

so i read no Signs.

 £100, or £60 if paid in 14 days.

Parking on Private Land it says.

 

So no Trespass in Scotland, and no Barriers, gates or such signs to indicate there were charges or i was entering into some contract.

& if i was, £100 for 79 minutes parking is ridiculous.

 

So end of story, they will no doubt write again to the registered keeper and by the second letter it will be a £350 Penalty Charge.

& the threat of the Debt Collection Agency.

None of which is legal under Scottish Law.

 

george

I paid one of these once. I was so angered by it that I looked it all up and it was a valuable lesson learnt for £60 - Apcoa I think it was.

I was astounded to discover what a complete scam the whole thing was and I am still riled by having fallen for it - if only once :-)

The parking company would like everyone to believe they hold extensive powers so that people are more inclined to pay. I doubt that many judgements have been passed by a high court judge and still fewer bailiffs appeared but even if they had there is still due process. It takes a brave heart to risk high court costs to recoup a few quid. Do the maths.

But the new bailiff laws passed a month or so back mean they can lump their costs onto the debtor which means only a temporary cost to them.

Remember they could put a charge against your home if you own it/have a mortgage on it.

 

Only if they can prove beyond any doubt that a debt is owed.

............they should all be pay and display to end these issues.

 

Pay and Display is actually causing a major headache.    With the Eastern European car thieving community, a quick glance at the ticket in the windscreen lets the thieves know how long it is likely to be before the theft is reported.   If they target cars that paid for "All Day" parking, they know that the BMW or Mercedes they have lifted can be rolling on nthe back of a wagon along the German autobahn network by the time its owner alerts the police.   (Have you ever stopped to wonder about cars on the backs of wagons with black sticky tape over the number plates, huh?)

I put tape over a Reg Plate of a vehicle on a Trailer, (even when it is totally road legal.)

Cars, Bikes, Quads, 4x4's etc

 

Because if it is on a SORN, or un taxed, insured or anything it can trigger a ANPR.

You can get a Penalty through the post from the DVLA.

(i have the T. Shirt)

 

george

Edited 22 November, 201411 yr by goneoffSKi

Just saw this via Twitter

http://www.consumeractiongroup.co.uk/forum/showthread.php?437008-Parking-Eye-then-DRP

This is probably why I've heard & read about parking eye using bailiffs to pursue people.

And I assume that their success in England & Wales will easily transfer to Scottish courts

Assumption, is not much to go on is it?

 

What is not so easy in Scotland is the Ownership of Land & the Laws or lack of on Trespassing on Land in Scotland.

 

So we will see what Laws change in the future,

but that will not come from a judgement in a District or Sheriff Court.

 

................................

ParkingEye have an appeal Procedure.

 

Their own one,

and not a Scottish Court one.  

& has no basis in Scottish Law or Legislation.

 

"All appeals and complaints must be put in writing and should be forwarded to the address below."

etc etc  28 days etc etc ......

Appeals Department, ParkingEye, P.O. Box 565, Chorley, PR6 6HT

Edited 23 November, 201411 yr by goneoffSKi

There must be some recourse of trespassing in Scotland?

Yes there might be, Criminal Damage, Aggravated  Trespass etc.

 

On you go and i am sure you can find something with relevance to trespass.

But as to Private Parking and trespass and parking penalties, that is a bit more of an issue.

 

If you do not pay £6,  

can an Agent for the land owner or not even the land owner, only the person renting the land,

then try to charge £100 (£94 extra) for recovery of the £6?  Is the Fee for Non Payment proportional.

Are they trying to extort money by the threat of a Higher Fee than that of £60 for a quicker payment.

 

It is Civil Law and it is a case of taking action against the person that trespasses.

& then see where that goes.

 

The Private Parking Management will no doubt be grateful to you if you can help them.

Then they can maybe get on with a Test Case in the Small Claims Court.

Edited 23 November, 201411 yr by goneoffSKi

A court in Cambridge has decided the charge is proportional and justified thus ignoring parking company letters isn't for the faint hearted.

Just needs a Scottish case now, which I'm sure is coming or may even be underway

Well they were scheduled for 3 weeks ago now, but never went ahead.

So you may well be right.

 

But as long as you pay up when ever or if ever you get one,

you will have treated the Parking Company & Collectors fairly.

 

http://forums.moneysavingexpert.com/showthread.php?t=5104170

Edited 23 November, 201411 yr by goneoffSKi

Pay £24,500 says the Sheriff. In a court in Scotland.

http://bbc.co.uk/news/uk-scotland-tayside-central-39478203 

32 minutes ago, Awayoffski said:

Pay £24,500 says the Sheriff. In a court in Scotland.

http://bbc.co.uk/news/uk-scotland-tayside-central-39478203 

I read that during my lunch break - ouch! 

http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

 

Dont try and be a clever t@@@ unless you know what you are doing .

21 minutes ago, Awayoffski said:

The usual issue in Scotland is who the actual land owner is and then the agent acting for them's right in law to act on their behalf etc.

This Waterfront housing if on the piers that used to be the Ports Authority property has had complications in some areas of the docks.

This time the defence surely had all the knowledge and thought a defence was going to work in a Sheriff Court.

I expect some appeals procedure will be happening to go to a higher court than a Sheriff Court.

http://eveningtelegraph.co.uk/2015/02/18/parking-firm-takes-13-motorists-to-court 

http://parkingfine-appeals.co.uk/vcs-lose-in-dundee-court 

So VCS lost with this 13 cases in 2015

Edited 3 April, 20179 yr by Awayoffski

Place to go is PEPPIPOO ,BUT BE VERY CAREFUL OF WHAT YOU SAY IN OPEN FORUM,as there's a few expert witness ( for both speeding and parking things ) that troll/trawl this one to see if they can earn some cash .

I believe that in Scotland there's no right to disclose the driver to the parking company , but I'd advise asking this on that forum

http://forums.pepipoo.com/