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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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I have recieved a parking fine of £90 in a disabled

Resolved Question:

I have recieved a parking fine of £90 for parking in a disabled bay immediately out side a shop where I had to pick up a bulky piece of furniture .this was in a retail park in glasgow,the reason I parked there was because I am 74 years old and have only one eye it was very wet and windy that morning and I considered it would be dangerous to try to carry this item 6ft.x4ft across several lanes to the nearest parking space.I might add this happened on a sunday morning at 10 o'clock and there were 4 disabled bays at this spot none of which were occupied and I was in the shop for 7 minutes.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Who is the issuer please?
Customer: replied 1 year ago.
smart parking ltd
Expert:  Jo C. replied 1 year ago.
Ok. What is the date of issue?
Customer: replied 1 year ago.
13/02/16 10-20 am
Expert:  Jo C. replied 1 year ago.
Thanks. Are you prepared to risk being sued?
Customer: replied 1 year ago.
yes depending on the costs involved
Expert:  Jo C. replied 1 year ago.
OK. Are you asking if this is a defence?
Customer: replied 1 year ago.
sorry dont understand, if what is adefence
Expert:  Jo C. replied 1 year ago.
A defence to the claim?
Customer: replied 1 year ago.
not really Im only asking do i HAVE TO PAY IT UNDER SCOTS LAW
Expert:  Jo C. replied 1 year ago.
It is not really that simpleYes, they do have a claim.you are not raising a defence on these facts. Come what may, you didn't have a ticket. Unless there were inadequate signs or they were improperly worded that is enforceable.Whether they will sue or not is another matter. They are very hard to enforce as it is not cost effective.Scotland does not have the Protection of Freedoms Act so the registered keeper is not automatically liable but there is caselaw that points in a similar direction so it is superfluous.The case of Beavis is persuasive authority in Scotland so the time you were there is not an issue per se.The chances of them suing are fairly low though.Can I clarify anything for you? Jo
Customer: replied 1 year ago.
AS THERE ARE FOUR PEOPLE INSURED TO DRIVE MY CAR AND DO SO ON A REGULAR BASIS ,DO I HAVE TO TELL THEM WHO WAS DRIVING THE CAR ON THAT DAY.
Expert:  Jo C. replied 1 year ago.
No, but if you don't the caselaw allows them to presume it was you.Obviously you can only tell the truth to a court otherwise you commit the offence of perjury.
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