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Private property parking fines....

Posted: Thu Oct 15, 2015 5:10 pm
by Dominic
Quick question; Would I be correct to think that a parking fine incurred in Scotland on private property is not enforceable?

In January I went to meet a client at the Marriott hotel in Glasgow to pick up some paperwork. I pulled into the front of the hotel, saw my client, spoke for a minute or two, got in my car, turned around and left. I was aware there was a barrier to go through to go into the car park, but I did not stop long enough to park, and did not even go into the car park. A week or two later I received a parking fine for not paying as I should, complete with photos showing my car entering and leaving the premises (but not the actual car park). Anyway, I thought that the ticket is not enforceable so did not even bother to enter a discussion about whether I had used the car park or not, and simply decided to ignore the letter. As I expected, I have over the months received increasingly threatening letters pursuing the unpaid fine. I have been ignoring these, but I am beginning to get less comfortable as the letters get stronger. I assume that is their tactic, and I should continue to ignore them, but can someone in the know advise me? The company sending the fine and subsequent letters are based in England, but I assume that they understand Scottish law on the matter.... :scratch

TIA

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 6:03 pm
by tut
They are only enforceable if you pay them.

As far as I know we all ignore them, normally they go away quickly, but the assholes use scare tactics against joe public for this very reason, but that should not work against S_E.
Carry on ignoring them or they win.

tut

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 6:55 pm
by Dark
Does it actually say parking fine on the letter? They usually say it's a parking invoice or similar.
From what I've read they have no power to fine you for parking on their property but are within their rights to charge you for the use of their land.
However the amount they want to charge is unreasonable for the service provided and if these ever go to court they get thrown out on the grounds that the actual cost is nothing like the cost they have asked you to pay.

Best ignore although note I'm an engineer and not a lawyer! ;)

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 7:12 pm
by rawsco
I think I'm on number 4 or 5 ignored. Yes the land owner can sue you but only for direct loss of earnings (the fee) plus costs. But as the parking enforcement company don't own the land or directly lose any earnings the sherif throws it out! Maybe not the best way of describing it but that's how I understand it. England is different and you can't just ignore it but you can get round it with some crafty letters.

Only things you need to pay are penalty charge notice from police or council

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 7:22 pm
by j2 lot
We ( well Ann actually) have had a couple. Ignore or write telling the you weren't driving and will not disclose who was - leaves them no one to chase.

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 7:29 pm
by tut
.....or just tell them to fcuk off or you will sue them for harrasment.

tut

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 8:17 pm
by kenny
Lawyer types can correct me on terminology but as far as I was aware it is a civil matter. It is not actually a 'fine' but a charge, which you can ignore and they have to take you to court to claim the money, which they won't.

They will send you lot of legal speak letters threatening you with a load of bollocks in ever increasing BOLD RED TEXT

Ignore them. DO NOT respond, like an angler getting a nibble they will increase attempts to bait you in.

Re: Private property parking fines....

Posted: Thu Oct 15, 2015 8:49 pm
by Dominic
Thanks for the input everyone. I will continue to ignore them. I have not acknowledged them at all to date, so will continue. I guess I just wanted to be sure that was the best ploy.

Cheers

Re: Private property parking fines....

Posted: Fri Oct 16, 2015 9:16 am
by Corranga
Out of interest, do the photos of the car entering and leaving show times?

If you were only there for a couple of minutes, you'd think they'd realise you didn't park / pulled in by accident and then left...

Re: Private property parking fines....

Posted: Fri Oct 16, 2015 10:47 am
by mxvx
Arseholes.
Normally you get 5-10mins grace. I know what hotel I will never be stayed at for that reason alone

Re: Private property parking fines....

Posted: Fri Oct 16, 2015 6:50 pm
by KevD
ignore them - I called one lot up as they gave me a ticket when I was at work and clearly wasnt driving the car. told them this and they punted it onto a someone else who now calls me instead. Obviously getting ignored.

Re: Private property parking fines....

Posted: Fri Oct 16, 2015 8:34 pm
by DDtB
They also tend to send them 2nd class post non recorded.

If they were serious about court stuff they wouldn't do that.

Had them before...after about 5 they give up.


Sent from my iPhone 6 using Tapatalk

Re: Private property parking fines....

Posted: Tue Jan 12, 2016 5:47 pm
by rossybee
Just had a major bust-up with Mrs Bee.

Letter came in today - 2hrs 29mins her car parked...damn I thought is that me? ... Mecca Bingo :mrgreen:

So after I collected her from work, I asked her about what I'd told her about such "parking notices"

Her first reaction "oh were have you parked!" - I took great pleasure in saying it was at the Bingo :damnfunny

Bust-up was her being super law-abiding and wanting to pay :shock:

Re: Private property parking fines....

Posted: Tue Jan 12, 2016 6:20 pm
by campbell
It might have been worth it :rolling eyes smiley

Re: Private property parking fines....

Posted: Tue Jan 12, 2016 6:39 pm
by tut
She should be more embarrassed at losing 2:30 of her life playing bingo.

tut