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 Parking Fine
Topic Originator: G-par  
Date:   Wed 30 Aug 13:17

Recently received a parking fine from some independent company for parking in the Aldi car park on Halbeath road whilst visiting a mates house opposite. I parked from about 20:00 until just before midnight.

The fine itself is for £70 and if a pay before a certain date it is £40.

Anyone on here with any similar experiences? If I don't pay it will it go away??

Any legal experts on here?
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 Re: Parking Fine
Topic Originator: Stevie  
Date:   Wed 30 Aug 13:35

I've ignored one before, and it went away a guy at work was recently taken to a small claims court and had to cough up the fine then some.
I think that so many folks have just ignored them in the past they now chase you for the cash.
They apparently ticket football fans parking there on match days now?



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 Re: Parking Fine
Topic Originator: paulthepar  
Date:   Wed 30 Aug 13:55

some of our lads park on there, i was waiting for the wife and I saw a couple of the players getting into the cars after the falkirk game, not sure how long they were there for first though
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 Re: Parking Fine
Topic Originator: GG Riva  
Date:   Wed 30 Aug 14:43

I'm no legal expert G-par, but I've ignored a fair few in my time. It's not a fine, it's an invoice and has no legal standing.

One company wrote to me 8 times and even threatened legal action before giving up. They work on that basis that a %age of folk will be scared into paying and that they will be relieved to get a ''discount'' for paying up early - before someone tells them they don't have to. :-)

Apparently, they could take you to a small claims court to try and get some money out of you but I don't think it's ever happened.



Not your average Sunday League player.
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 Re: Parking Fine
Topic Originator: londonparsfan  
Date:   Wed 30 Aug 15:12

You're correct that the privately issued ones are not fines but it was my understanding that the parking charges do have some legal standing if the company has clear signs up stating the terms of parking in their car park. You are deemed to enter an unwritten contract if you stay and they can take you to the small claims court if you breach the terms of the agreement (I.e. you stay longer than the allowed time or don't visit the shop - whatever it says on the sign).

Private parking tickets aren't enforced by the police so it will only be if the private company takes you to the small claims court that they can force you to pay. You have to pay your costs but not theirs if they win.

You can try and prove the contract was void if the terms aren't clear either in wording or lack of signs but most companies have tightened up in this area.

It really is a case of whether you want to roll the dice and see if they take you to court. You'll find plenty folk saying they've never been taken but a few folk have. The fact you've only got the one might put them off the hassle. They have to pay the initial fee and don't get it back from you even if they win.
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 Re: Parking Fine
Topic Originator: londonparsfan  
Date:   Wed 30 Aug 15:16

The law in Wales is different from Scotland but firms do go for court cases:

https://www.google.co.uk/amp/www.telegraph.co.uk/news/2017/07/17/nhs-staff-ordered-pay-thousands-parking-fines-racked-hospital/amp/
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 Re: Parking Fine
Topic Originator: dover par  
Date:   Wed 30 Aug 17:19

Don't pay...it'll go away

No legal standing in Scotland

"Pressure is something you feel when you don't know what the hell you're doing."
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 Re: Parking Fine
Topic Originator: Berry  
Date:   Wed 30 Aug 17:59

For the sake of £40 is it really worth risking it?

I always thought you weren't allowed to park there for the footy and sure there is a sign up?
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 Re: Parking Fine
Topic Originator: buffy  
Date:   Wed 30 Aug 18:27

I think the sign just says when the car park shuts? Unless there's another one?


Ignore the fine letter. No legal standing.

buffysbuns.wordpress.com
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 Re: Parking Fine
Topic Originator: Ronnie Wutherspoon  
Date:   Wed 30 Aug 20:33

They do have legal standing in Scotland, but only with the driver of the car, who may or may not be the registered keeper (i.e. name on the V5).

You're under no obligation to tell anyone except the Police, who was driving the car that day, and these private companies would have to find some other way of proving who that was.

If they can't prove who was driving, they don't have anyone to take action against.
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 Re: Parking Fine
Topic Originator: Magic John Watson 31  
Date:   Thu 31 Aug 06:04

Anyone over yet this morning, how's traffic?

Ta

Gregor
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 Re: Parking Fine
Topic Originator: StuPar82  
Date:   Thu 31 Aug 16:57

https://www.citizensadvice.org.uk/scotland/law-and-courts/parking-tickets/appealing-parking-tickets/parking-tickets-on-private-land-s/

There's lots of misinformation spread about these, but this clarifies the subject perfectly. In short, you can be taken to (a civil) court however it is often simply uneconomical for them to do so.
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 Re: Parking Fine
Topic Originator: P  
Date:   Thu 31 Aug 20:40

From what I have read most recently the legal standing thing is a mis direct but it's not been worth the hassle for the parking companies to go to small claims court to collect. However I 'believe' that these companies now batch up the claims to actually make it worthwhile for them to go to court so your options are;

Pay £40
Spin the wheel and maybe save £40 or lose an additional £30

I like to think I would go for option 2 but part of me would say it's a fair cop I shouldn't have done it in the first place.
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 Re: Parking Fine
Topic Originator: moviescot  
Date:   Thu 31 Aug 20:44

Ignore them and if pushed deny you were driving the car. They can only fine the driver. If they can't prove who the driver was they can't win.
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 Re: Parking Fine
Topic Originator: gordi-b  
Date:   Thu 31 Aug 21:56

My son has just ot one for parking in Nicol St car park Kircaldy a couple of Sundays ago, it clearly says on the web site and at the car park its free on a sunday, scammers

G.B
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 Re: Parking Fine
Topic Originator: Rastapari  
Date:   Thu 31 Aug 22:04

Ignore.

I Hope You're Ok Today....
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 Re: Parking Fine
Topic Originator: TAFKA_Super_Petrie  
Date:   Fri 1 Sep 20:34

I don't think it has ever went as far as court in Scotland. Couple of people have ripped the p*** but ended up settling out of court prior to going to trial.

Rememver one guy was parking around the Finnestoun area of Glaagow (near SECC) from memory either the McDonald's or PC World carpark but literally parking in the same place each day going to work and rattling up hoardes of tickets on a daily basis and being quite smug about it - ripping tickets up in front of the ticket issuer, etc.

No chance they will go after people on a one off basis.

---------------------------------------------------------------


"People always talk about Ronaldinho and magic, but I didn't see him today. I saw Henrik Larsson; that's where the magic was."


Post Edited (Fri 01 Sep 20:37)
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 Re: Parking Fine
Topic Originator: londonparsfan  
Date:   Fri 1 Sep 22:07

http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

I think there might have been another big one in Scotland too.
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 Re: Parking Fine
Topic Originator: Stevie  
Date:   Sat 2 Sep 07:56

This guy at work continued to ignore requests to pay his fine, and with each request came an increase in the fine.
Once it hit a few hundred quid they took him to a small claims court, the court were very unsympathetic, and made him pay the fine and I believe the costs too.

£40 or a whole lot of stress and grief? I always check the usage term in car parks nowadays, but I'd pay the £40 instead of flipping a coin on getting away with it.

If you choose not to pay, would you mind keeping us posted as to what happens?



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