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Private parking fine Scotland

14 replies

Oatmilktea · 14/11/2023 08:28

I received a debt collection letter regarding an unpaid parking fine for a private car park. I did not receive the initial fine through the post, my only explanation for this is that perhaps my car is still registered to my old address and now the debt collection agency have found my new address through the electoral roll or something.

My understanding is that in Scotland there are no bailiffs, only sheriff officers. I also believe they have now powers to require me to tell them who was driving the vehicle at the time.

Can anyone please advise whether this should be paid and whether this can be enforced in Scotland? (I believe it is different in England and can be enforced)

OP posts:
Oatmilktea · 14/11/2023 08:42

Thanks, I’d have thought they would be required to transfer it to a Scottish solicitor which would likely cost them more than the fine itself.

I really don’t want to pay as the fine was for parking at my place of work and due to not getting the initial letters, I had no way of appealing it at the time. So frustrating! (Note - I had my car valeted the day before and forgot to put my pass back out on the windscreen)

OP posts:
nosalt · 14/11/2023 09:54

You might wish to visit

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

lots of help there.

ssd · 14/11/2023 09:56

As @SirChenjins said, it is enforceable in Scotland, i don't think it is in England. Whether they do or not is up to them but its the chance you take.

prh47bridge · 14/11/2023 11:14

ssd · 14/11/2023 09:56

As @SirChenjins said, it is enforceable in Scotland, i don't think it is in England. Whether they do or not is up to them but its the chance you take.

Parking fines related to private land are enforceable through the courts in both Scotland (Transport (Scotland) Act 2019) and England & Wales (Protection of Freedoms Act 2012).

Gingerkittykat · 14/11/2023 12:25

You are correct that you don't need to tell them who was driving (I had multiple tickets even though I had paid from a dodgy company and had them all cancelled that way) but I don't know if that would work at this stage.

Did you update your address via DVLA when you moved?

Beenaboutabit · 14/11/2023 12:33

It’s the owner not the driver that is responsible for the parking fine (outwith rental and lease, which have in their contracts that the renter/leaseholder takes the fine).

Change your address with DVLA to avoid a £1000 fine.

https://www.gov.uk/change-address-driving-licence#:~:text=You%20can%20be%20fined%20up,DVLA%20when%20your%20address%20changes.

Change the address on your driving licence

Change the address on your full or provisional driving licence for free - do it online or by post

https://www.gov.uk/change-address-driving-licence#:~:text=You%20can%20be%20fined%20up,DVLA%20when%20your%20address%20changes.

Kedece2410 · 14/11/2023 12:37

I got one about 4 years ago. I ignored the letters. I think I got about 4 in total then heard nothing more. Its not affected my credit rating either. The only ones I've heard of them prosecuting are people with literally dozens of fines.

Oatmilktea · 14/11/2023 12:46

Thanks all. I did update my address with DVLA and have an up to date driving licence, however I failed to update my v5c to update my registered address. Will do that now

OP posts:
Gingerkittykat · 14/11/2023 14:16

Beenaboutabit · 14/11/2023 12:33

It’s the owner not the driver that is responsible for the parking fine (outwith rental and lease, which have in their contracts that the renter/leaseholder takes the fine).

Change your address with DVLA to avoid a £1000 fine.

https://www.gov.uk/change-address-driving-licence#:~:text=You%20can%20be%20fined%20up,DVLA%20when%20your%20address%20changes.

Edited

The law is different in Scotland.

For council fines the owner needs to tell the council who was driving/ parking that day.

For a private fine you can just say you don't know who was driving the car that day and they can't force you to give that information.

nosalt · 14/11/2023 18:29

prh47bridge · 14/11/2023 11:14

Parking fines related to private land are enforceable through the courts in both Scotland (Transport (Scotland) Act 2019) and England & Wales (Protection of Freedoms Act 2012).

prh47bridge

Are you sure that the provisions in Scotland have been commenced?

Oatmilktea · 14/11/2023 18:42

I was wondering that myself

OP posts:
prh47bridge · 14/11/2023 19:23

nosalt · 14/11/2023 18:29

prh47bridge

Are you sure that the provisions in Scotland have been commenced?

I'm not an expert in Scottish law and was relying on some Scottish websites for information. Taking a closer look, it appears that the relevant provisions have not yet come into force. However, Scottish Citizens Advice say that parking fines relating to private land are enforceable. Perhaps there is some other relevant legislation?

Brahumbug · 18/11/2023 20:17

Just remember., it isn't a fine, it is an invoice for an amount of money the parking company have pulled out of their arse. Same with the appeals process, it just made up nonsense. The only thing that matters is what an actual court says. Did you have the right to parked there, as it was your employer's car park? If so you have a solid defence for court

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