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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This is a question regarding parking tickets. I own a florist

Resolved Question:

This is a question regarding parking tickets. I own a florist in Kirkcaldy ,fife. We park our van at the back of the shop as we have done for many years. The car park is on private land and we have permission to park there(verbal). The car park is policed by a private company -VCS I think. They had a new member of staff who was not aware were were allowed to park there and promptly gave us what looks like parking tickets. Now the company are hounding us to pay £500 or they will take us to court. The tickets were not issued by either the police or the council. The owner of the car park is the dentist upstairs who is aware that we park there. We are worried thT we will be taken to court if we don't pay and we feel the tickets were issued unjustly.
Can you please advise?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Private parking fines are different as they do not come from the estate. In essence this is a simple contractual dispute.

Alex Watts :

You can ignore it. They have no right to charge you, any more than say if you parked on your neighbours land.

Alex Watts :

If it went to Court it would be a small claim and they would need to show that there was a contract between you and them, you agreed to their terms and they suffered a loss.

Alex Watts :

Your defence is that you have parked there for years and I assume with the owners consent. As such the fees can't be recovered.

Alex Watts :

Even if the Judge finds for the parking company, they still have to show a loss which they have suffered - there simply is no claim.

Alex Watts :

No loss - no claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex. Thanks for your prompt reply. I have been advised by many people to ignore the tickets and letters but I am glad to hear it from one who knows. We have never been given a contract but the business have been using the car park for years. The tickets were issued during a short period in October and never since. Thanks again.

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