Parking Eye Scotland – Pay or Appeal?

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

You’re not alone. Each month, over 130,000 people visit our website for guidance on parking fines and tickets, which is not surprising considering that the DVLA reports that over 11 million parking tickets were issued last year, which is up by 29% year on year!¹

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 amount a private operator can charge for a parking violation on private land is capped at £50 except in London. Previously, it was £100 but this all changed in 2022.

That said, Parking Eye must offer a discount when you pay within 14 days. This can be 40% which is the minimum an operator can offer you. In short, if you pay within the time period, a parking charge may only cost you £30.

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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 I possibly get a CCJ?

Only a judge can order you to pay a Parking Eye Scotland fine. The operator has no legal right to demand payment from you unless they win a court case that is.

Don’t ignore any official papers you get because things can escalate quickly and you could end up with a CCJ on your credit history.

What is the appeals process?

You can appeal the charge on the Parking Eye website. However, you must make the appeal within 28 days of receiving the ticket. Moreover, you have to submit your appeal in writing and provide the following information:

·         Why you are challenging the charge

·         Evidence to support your appeal

Note: When you appeal a parking charge on private land, the operator cannot take the matter any further until things are resolved.

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

Process:	Steps you should take:
When you receive the ticket…	You should gather as much evidence as you can to support your appeal claim and prove that the ticket was unfairly issued.
If you were given the ticket in person/attached to your car…	You must make an informal appeal (sent to the local authority/council that issued the PCN) within 14 days. This should be a letter with the evidence proving why the ticket was incorrectly given.
If it was posted to you…	You will be given 21 days to submit an informal appeal (from the day you received the letter). Your informal appeal should be a letter with the evidence proving why the ticket was incorrectly given.
If the informal appeal is rejected…	You will receive a Notice to Owner and will have 28 days to respond to this with a formal appeal. You can conduct the formal appeal online or via paper form. The Traffic Penalty Tribunal can send you one of these forms.
If the formal appeal is rejected…	You will receive a Notice of Rejection. From here, you are free to challenge the council’s verdict at an independent tribunal.
If the independent tribunal disagrees with your appeal…	You should pay the ticket within 28 days of the tribunal rejecting your appeal. If you don’t, the fine will be increased by 50%. If you don’t have the money to pay the fine, you should contact Citizens Advice or another debt charity.

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?

Parking Eye is a BPA member and an accredited management company. Therefore, they must abide by the Code of Practice. The operator must allow you a 10-minute grace period when you return to your car.

Note: If the operator issues a ticket before the 10-minute period has elapsed, the charge should be cancelled!

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

·         You received the parking charge over 14 days after you used the car park

·         You were overcharged

·         You were not the driver at the time the ticket was issued

·         There were mitigating circumstances

References

1. RAC Foundation – Parking Tickets Statistics