ParkingEye Charges in Scotland: Payment and Appeals

Have you received a private parking fine from Parking Eye Scotland? Are you unsure whether to pay it or appeal?

Check the parking terms, evidence, dates and liability before deciding what to do. A private ParkingEye charge is different from a council PCN.

This article will provide simple and helpful information about:

•  Who Parking Eye Scotland is, and if they are authorised to issue tickets
•  Understanding Parking Eye Scotland fines and if you need to pay them
•  The process of appealing a Parking Eye Scotland fine
•  Possible outcomes if you choose not to pay your fine
•  Tips for avoiding future Parking Eye Scotland fines

We understand that receiving a private parking fine can be frustrating. But there’s no need to worry. We’re here to help you understand your options.

Let’s get started!

Should I challenge or accept it?

Whether you pay or appeal the fine depends on whether the parking charge is unfair or incorrectly given. You should weigh up the chances of winning an appeal against paying the charge within 14 days to get the reduced amount.

However, first make sure the parking charge is correct and that the operator followed the Code of Practice. But never ignore a parking ticket you get on private land and don’t ignore any correspondence either!

How much is the charge?

The withdrawn 2022 government code did not introduce a universal £50 private parking cap. Trade-association code rules commonly set a £100 ceiling, subject to the applicable rules and exceptions. Use the actual charge and contravention date.

Check the notice’s prompt-payment terms. A 40% discount would reduce £100 to £60; do not rely on the article’s former £50/£30 figures as the legal tariff.

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What happens if I don’t pay?

If you don’t pay the parking charge or you ignore the ticket, the operator will send you reminders. The threats to take legal action get more intense with each letter.

Don’t ignore the parking charge or the threats. The operator could start legal proceedings against you. However, don’t automatically pay the fine. First, check it was correctly given and that you committed a parking infringement.

Plus, your details could be sent to a debt collection agency if you ignore or don’t pay the fine.

Note: Sometimes it’s worth paying the fine within 14 days to prevent further action!

Can a Scottish parking charge lead to a court decree?

A valid private parking debt can be owed before a court judgment. Check the parking terms, evidence, amount and whether the person pursued is legally liable. Scotland has not brought the 2019 Act’s private parking keeper-liability provisions into force. Being the registered keeper does not automatically make you liable for the driver’s charge. England and Wales’s PoFA 14-day keeper-notice rule does not apply to Scottish land.

Do not ignore court papers. Proceedings in Scotland normally involve the sheriff court and can result in a decree, not an English County Court Judgment.

What is the appeals process?

Use ParkingEye’s official appeal route within the deadline on the notice, normally 28 days. Give truthful grounds and relevant evidence, including:

·         Why you are challenging the charge

·         Evidence to support your appeal

For Scottish charges, POPLA accepts the driver or an authorised representative of an identified driver, not a keeper-only appeal. A timely appeal should be handled under the applicable code’s pause rules. Check the acknowledgment and outcome; an appeal does not suspend unrelated court deadlines indefinitely.

Please check out the following table to better understand what the standard appeal process looks like.

Further guidance: Traffic Penalty Tribunal; Citizens Advice.

Free parking appeal letter template

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Explain what happened, why you dispute the charge and include relevant evidence.

Get the free template

General information, not legal advice. Follow your notice’s instructions and deadlines; adapt the wording to your circumstances. No outcome is guaranteed.

What happens if they reject it?

If the operator rejects your appeal, you have the right to take the matter to an independent appeals service. In this instance, it would be to Parking on Private Land Appeals (POPLA).

Note: Parking Eye must provide you with information on how to do this in their Letter of Rejection.

What is a 10-minute grace period?

Check the applicable industry code and site terms. A departure grace period can apply after a permitted parking period, but there is no unconditional ten-minute right to park in breach of any restriction. Consideration time on arrival and departure grace are different.

If you believe a required grace period was not allowed, provide the relevant times, terms and evidence. Cancellation depends on whether the rule applied.

Good excuses to dispute a fine

You could appeal a Parking Eye fine if the following applies:

·         The signs were not clearly visible therefore you didn’t know the rules

The notice’s timing and applicable code requirements. Do not import England and Wales’s 14-day statutory keeper-liability rule into Scotland.

·         You were overcharged

You were not the driver, with a clear explanation of why you dispute liability. Do not invent driver details.

·         There were mitigating circumstances

References

1. RAC Foundation – Parking Tickets Statistics