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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70517
Experience:  Over 5 years in practice
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Hello In Scotland is a parking ticket issued by a private

Resolved Question:

Hello

In Scotland is a parking ticket issued by a private parking firm legal. Does this have to be paid?

Thank you

Mike
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the issuer please?
Customer: replied 3 years ago.

Smart Parking Ltd

Expert:  Jo C. replied 3 years ago.
Thanks.

Have you admitted being the driver yet?
Customer: replied 3 years ago.

No. However it was a hire car and I think they passed my details to recovery company. But I have admitted nothing.

Expert:  Jo C. replied 3 years ago.
Ok.

Under the terms of the hire though, were you the only one allowed to drive?
Customer: replied 3 years ago.

I believe so

Expert:  Jo C. replied 3 years ago.
Ok.

Realistically then they can prove that you were the driver.

In relation to whether it has to be paid, its more complicated than that really.

These fines are not parking fines. These are private companies with no more authority to punish you for the manner of your parking than your neighbours have. What they have issued you is basically an invoice for a civil dispute.

However, it is a perfectly valid invoice. I know that there are forums online that suggest these things are unlawful. That is a complete myth.

If you have parked on private land and not complied with the terms of the land owner then that is a breach of contract or a trespass.

However, they are very difficult to enforce. They have to identify the driver for a start. In Scotland that remains the position because the protection of freedoms act doesn't apply. That doesn't make much difference to you because you should have been the only driver anyway.

They still have to prove the signs were adequate to alert the reasonably observant driver to a prohibition and half the time they are void.

Also, it is arguable whether they have to show loss. It depends on what the signs say. If the signs warn of a fine of x amount then they could argue the money is due under the contract but often the signs do not say that so your liability is to compensate them for their loss which is probably about £5.

The chances are that they will not sue though as its not worth the manpower.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The fine has now been passed to a Debt recovery company (Debt Recovery Plus Ltd), are they likely to sue? The are now trying to get me to pay £160

Expert:  Jo C. replied 3 years ago.
That doesn't make it any more likely that they will sue.

They do usually send these things to debt collectors.

They may sue. They are more aggressive than previously. Chances are that they would not.
Customer: replied 3 years ago.

Does it make any difference that I spoke to the recovery company on the phone I explained to them that I had written to Smart parking looking for prove of ticket being issued because I did not receive a ticket and it wasn't on the car at any time. I still did not admit driving the car. They forwarded me a photo?

Expert:  Jo C. replied 3 years ago.
I think they can prove that you were the driver anyway if this was a hire car that only you should have been driving.

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