Private property parking fines....

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jason
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Re: Private property parking fines....

Post by jason » Tue Jan 12, 2016 9:06 pm

Ignoring the fact for a moment that we in Scotland can ignore their 'invitations' to pay… *

The common held view that any invoice can only reflect a landowner's actual costs was recently dismissed by the Supreme Court http://www.bbc.co.uk/news/uk-england-essex-34721126 Supreme Court is the highest level of civil law appeal throughout the UK (so includes us). An astonishing judgement.



* Mrs Jason has been binning bold red invites for over 2 years now.

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rossybee
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Re: Private property parking fines....

Post by rossybee » Wed Jan 13, 2016 11:35 am

tut wrote:She should be more embarrassed at losing 2:30 of her life playing bingo.

tut
She takes her elderly mother*






























*still younger than you mind :blackeye
Ross
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rossybee
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Re: Private property parking fines....

Post by rossybee » Wed Jan 13, 2016 11:40 am

rossybee wrote:her being super law-abiding and wanting to pay :shock:
....unbelievable.

Instead of taking my word, she took it upon herself to call Mecca (Dundee Centre) and sternly voice her disgust that she should get a ticket, being a customer....and she got off with it - so in her mind she's not breaking the law!

I really do give up :roll:


Plus side, it led to some fruity debates later in the evening on politics and independence (sigh)...her conclusion was that we have strongly differing opinions on certain things......oh and that I am an annoying a$$hole at times. She knows me soooooo well :D :damnfunny
Ross
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Ferg
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Re: Private property parking fines....

Post by Ferg » Wed Jan 13, 2016 1:51 pm

Can they do anything against your credit rating for non payment?

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GBOBM
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Re: Private property parking fines....

Post by GBOBM » Wed Jan 13, 2016 2:53 pm

Against who's credit rating? They don't hold a credit agreement with you.
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BigD
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Re: Private property parking fines....

Post by BigD » Wed Jan 13, 2016 3:07 pm

Ferg wrote:Can they do anything against your credit rating for non payment?
They'd have to summon you to court and you'd then have to not turn up or ignore the court summons for it to go on your record as a CCJ. That's my limited understanding of it but maybe a legal beagle could clarify. The main point is that it's not worth the court fees and costs to do all that for an £85 fine which you could then just pay. It would cost them more than that to summon you to court.

They can't apply a default, as GBOBM said, you have no credit agreement with them.

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mwmackenzie
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Re: Private property parking fines....

Post by mwmackenzie » Wed Jan 13, 2016 3:23 pm

My wife got one at McDonalds in Livingston at Christmas, she was about 10 mins over the 2 hr max.. she was actually a McDonalds customer, can be verified as she paid by card, she went in with the kids had lunch and popped over to the centre to get some Christmas gifts.
It is worded as a Charge notice and is for £100! :shock: if she pays within 14 days they will discount it to £50 and if she doesn't pay in 28 days the will add £40 to the initial £100. It is from a company called PCUK. They had photos of her car entering and leaving the carpark...
So what they're saying is it is reasonable to assume the loss to McDonalds by not having that space for the 10 minute period is £100?? They also make reference to the above case Jason mentioned in their letter. Wife is a little worried about it.

Should she pay or ignore?

Cheers
Mark
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campbell
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Re: Private property parking fines....

Post by campbell » Wed Jan 13, 2016 3:55 pm

English Supreme Court - different jurisdiction?
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mwmackenzie
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Re: Private property parking fines....

Post by mwmackenzie » Wed Jan 13, 2016 4:33 pm

campbell wrote:English Supreme Court - different jurisdiction?
So you think they'd not have a leg to stand on up here?? :?
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campbell
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Re: Private property parking fines....

Post by campbell » Wed Jan 13, 2016 4:37 pm

Not qualified to say, Mark, but my broad understanding is these "notices" are enforceable in England due to English law. But not in Scotland due to Scots Law.

Someone like Greg Rolfe (gregr?) will know for sure.
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tonyg
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Re: Private property parking fines....

Post by tonyg » Wed Jan 13, 2016 5:02 pm

I could be wrong on this, but since the "invoices" (or whatever you want to call them) aren't sent recorded delivery you can deny you ever received them and the couldn't prove otherwise.
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Dominic
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Re: Private property parking fines....

Post by Dominic » Wed Jan 13, 2016 5:05 pm

mwmackenzie wrote:
Should she pay or ignore?

Cheers
Mark
Ignore :thumbsup
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Mikie711
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Re: Private property parking fines....

Post by Mikie711 » Wed Jan 13, 2016 6:16 pm

Not this mob by any chance?

Taken to court for running a fraudulent operation as these "fines" are not enforceable in Scotland.
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rossybee
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Re: Private property parking fines....

Post by rossybee » Wed Jan 13, 2016 6:34 pm

Mrs Bee's lot are "Parking Eye"

£100 fine, reduced to £60 if payed within 14 days, such kind souls.
Ross
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Mikie711
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Re: Private property parking fines....

Post by Mikie711 » Wed Jan 13, 2016 7:11 pm

All these companies run the same way so it'll be interesting to see if the Sheriff court case stands up and the get prosecuted. If that happens then it should put and end to these so called parking charges.
We have stopped using the Inverurie garden centre because of the private company enforcing their 2 hour limit. If a store wants you to spend money then I think it is taking the p!ss to then charge you an extortionate amount if you take to long.
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