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Parking Fines Not Enforceable in Scotland? 2022

parking-fines-enforceable-scotland

For free and impartial money advice and guidance, visit MoneyHelper, to help you make the most of your money.

Are there any parking fines not enforceable in Scotland? No, you’ll get a ticket if you commit parking violations on private or public land. However, a fine on public land is not the same as a parking charge on private land.

Read on to find out whether all parking fines in Scotland are enforceable!

Do You Have to Pay?

In many circumstances parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat to an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

What is the difference between a parking charge notice and a parking ticket?

A Parking Charge looks very similar to an official Penalty Charge, but they are not the same. For example, an operator issues an invoice when you commit a parking infringement on private land (Parking Charge Notice).

Note: Only a judge can order you to pay a parking charge on private land.

However, when you commit a parking violation on public land, local authorities, the Police or Highway Agencies issue Penalty Charge Notices. They are enforceable by law and covered by the Road Traffic Act 1988.

You should never ignore a parking fine on private or public land, even when you think it’s unfair.

Note: When you pay a parking fine in Scotland within 14 days, the amount is discounted, which means you’ll have less to pay.

Can parking charge notices be enforced in Scotland?

When you feel a parking charge is unfair or wrong, you can challenge it. However, things could get expensive if the operator rejects the appeal and you lose one with an independent appeals service.

In short, an operator could give your details to a debt collection agency. Moreover, they could start legal proceedings. When a parking charge is correctly constituted, it’s a binding contract.

Parking fines on private land are a civil matter

When you park on private land, you enter into a contract with the landowner/operator. You’ll have to pay if a judge rules in favour of a parking management company.

Note: You’ll have lost the chance to pay the lower amount. But having appealed the parking charge, you’ll have gained some time. In short, when you appeal, the operator cannot take the matter further. Only when a decision is made can an operator commence legal proceedings.

Can I challenge a private parking fine in Scotland?

Your chances of winning an appeal are slim if the landowner or operator issued the parking charge correctly and followed the Code of Practice.

First, I suggest you do the following:

  • Check to see whether the landowner/operator is accredited and part of the Authorised Operators Scheme (ATA)
  • Go to the operator’s website. They should have a page dedicated to filing an appeal
  • Have a look at the operator’s trade body’s independent appeals service

What if my appeal is rejected?

The operator sends you a letter of rejection within 35 days. The letter should contain information on how to take the matter to an independent appeals service.

This could be POPLA or the IAS, depending on whether the operator is a BPA member or with the IPC.

Note: You must appeal the parking charge with the operator before filing one with an independent appeals service.

What is the best excuse to appeal a parking ticket?

It’s your right to appeal a parking charge when you think it’s wrong or unfair. You could appeal the ticket because:

  • You followed the rules and parked correctly
  • The car park signs and road markings were unclear
  • The ticket machines were out of order
  • The cost of the parking charge was prohibitive
  • You were not the driver when the ticket was issued
  • You had good reason for not getting back to the car park in time
  • Your car broke down
  • You weren’t given the 10-minute grace period

Can DVLA give my details to private parking companies?

Yes, providing the operator is a member of the British Parking Association (BPA) or the International Parking Association (IPC). They would therefore be part of the Approved Operator Scheme (AOS).

However, the operator must pay a fee when they want to retrieve the information from the DVLA.

Private operators who manage car parks for landowners use Automatic Number Plate Recognition (ANPR). They also have parking attendants in some car parks. 

The ANPR automatically registers your car registration number when you enter or leave a car park. In addition, a parking attendant takes photos of your number plate when they issue a parking charge.

Can I ignore a private parking ticket?

You should never ignore a parking fine, whether you got it on private or public land. A judge can order you to pay a parking charge if the operator wins a court case.

However, if you get a Penalty Charge Notice, the fine is backed up by UK law. So if you want to make a ‘representation’ to the authority that issued the fine, you can. But, paying the fine within 14 days means paying a lesser amount.

What happens if you don’t pay a parking ticket in Scotland?

You’ll receive a ‘Notice to Owner’ asking you to pay or appeal the parking fine. If you ignore the correspondence, you’ll receive a ‘charge certificate’, and the amount goes up by 50%.

Can I go to court for a private parking fine in Scotland?

A private operator could start court proceedings against you for a parking charge. You can be forced to pay by Sheriff Officers who would:

Will the parking charge damage my credit score?

If you are served a Court Decree and you don’t pay within 30 days, the unpaid debt is registered on your credit history.

Note: This will impact your ability to borrow money further down the line

Can my car be clamped for a parking infringement on private land?

No. Your car cannot be clamped if you commit a parking infringement on private land. But you should never attempt to take the clamp off yourself. Instead, you should contact the Police because removing it yourself could get you charged for vandalism.

Parking fines not enforceable in Scotland? Whether it’s a Parking Charge Notice or a Penalty Charge Notice, when issued correctly, they are enforceable. The difference is one is covered by UK law, the other is an invoice.

Thanks for reading this post on whether parking fines are enforceable in Scotland. My advice? Never ignore a parking charge. Either appeal or pay it.

Do You Have to Pay?

In many circumstances parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat to an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

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