Are Private Parking Charges Enforceable in Scotland?

Have you received a parking charge notice in Scotland and feel unsure about what to do next? This article aims to offer clear, easy guidance. 

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.

We’re here to help you figure out:

•  The difference between a parking charge notice and a parking ticket
•  The reasons why people get parking fines
•  If parking charge notices can be forced in Scotland
•  How to challenge a private parking fine
•  What happens if your appeal is rejected

Research shows that over 19,000 parking fines are issued each day in the UK.¹

We understand it can be very annoying to get a private parking fine, especially when you’re not sure if it’s fair. We’re here to assist you in understanding your options and deciding what steps to take next.

Why do people get parking fines?

There are several reasons why you’d get a parking ticket whether in a private car park or on public land.

I’ve listed some of them here:

• The purchased parking time expired.
• You purchased more parking time once the maximum stay limit had expired and hadn’t moved your vehicle.
• You parked without paying.
• You parked in a bay reserved for disabled drivers without displaying a Blue Badge.
• You left your vehicle in a ‘permits only’ pay without displaying a permit.
• You parked badly over two bays.

Are private parking fines enforceable in scotland?

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. Council PCNs use a separate statutory process, so identify the notice before choosing a challenge route.

I suggest either paying the fine or appealing it. The one thing you should NOT do is ignore the fact you got one. If you decide to appeal the fine, here’s what the usual process looks like.

When	Action
On receiving a council PCN	Read the notice, keep it, gather evidence and note all payment and challenge deadlines.
Windscreen or handed-to-driver PCN	An informal challenge may be available before the Notice to Owner. Early challenge can preserve a discount under the authority’s policy; 14 days is not a universal final appeal deadline.
Postal PCN or Notice to Owner	Normally make formal representations within 28 days as stated on the notice. Do not assume there is an extra informal stage.
Representations rejected	The Notice of Rejection explains how to appeal to the appropriate independent tribunal, normally within 28 days.
Appeal unsuccessful	Pay by the deadline given in the decision or obtain advice on any available review. Further statutory charges can follow if you do neither.
Other ticket type	Private parking charges and FPNs use different procedures; follow the actual notice.

Further guidance: Traffic Penalty Tribunal; Citizens Advice.

Can parking fines 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 a follow-up appeal with an independent appeals service.

An operator could give your details to a debt collection agency.

Debt recovery for unpaid parking fines in Scotland could lead to motorists being chased by debt collectors.

An operator may bring a civil claim against the person it says is liable. Whether a contract and valid charge exist depends on the terms, evidence and applicable law.

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.

Court proceedings can mean loss of a discount and possible expenses. An appeal should be based on a genuine dispute, not used merely to gain time.

A timely operator or eligible independent appeal should pause recovery as required by the applicable code. It does not automatically stop every legal deadline; respond to court papers even if you previously appealed.

Can I challenge a private parking offence in Scotland?

Assess the actual terms, evidence, identity of the liable person and legal grounds. Following an industry code alone does not decide every question of contractual liability.

First, I suggest you do the following:

• Check to see whether the landowner/operator is accredited and part of the Authorised Operators Scheme
• 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

Guidance on parking signs

Understanding parking signage in Scotland is important whether you park on private or public land.

When you park on private land which includes hospitals, retail parks and supermarkets, you enter into a contract with an operator.

Scottish parking infringement penalties on private land fall under contract or trespass laws.

There should be a principal sign displayed at a car park’s entrance which clearly states the T&Cs of using the car park.

This could include:

• Time limits on how long you can stay
• Details of any charges and free period
• Information on the penalties for not complying with the T&Cs

When a private parking operator is a member of an Accredited Trade Association (ATA), they must follow a Code of Practice.

In short, the guidance expects private operators to adhere to the following:

• Size of signs
• Placement of signs
• Content provided on signs

When you park on public land, local authorities manage car parks and parking spaces.

Council parking restrictions and their signs are governed by the relevant Scottish statutory scheme and local orders, not the private parking industry code.

The required signs and markings depend on the restriction and location. A general statement about a principal entrance sign does not cover every on-street restriction.

The sign should display time limits for parking, whether there are any charges or free periods to park.

There should also be information on the type of penalties motorists should expect for not following parking regulations.

What if my appeal is rejected?

The operator must follow the response requirements of the applicable private parking code. Do not apply a universal 56-day council formal-representation rule to every Scottish private appeal.

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 grounds can support a Scottish parking appeal?

It’s your right to appeal a parking charge when you think it’s wrong or unfair.

Operator processes can be similar across the UK, but keeper liability and court enforcement differ. Do not import England and Wales’s PoFA rules into a Scottish case.

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
• A grace period required by the applicable code was not allowed, where its conditions were met.

Can DVLA give my details to private parking companies?

DVLA normally requires private parking businesses seeking keeper details for parking enforcement to belong to an accredited trade association, such as the British Parking Association or International Parking Community. Access to data does not itself prove keeper liability.

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.

» TAKE ACTION NOW: Get legal support from JustAnswer

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?

For a council parking PCN, a Notice to Owner may follow under the statutory process. A private parking charge does not use this council enforcement sequence.

A council charge certificate can add 50% when its statutory conditions are met. Timely representations and appeals affect the process; do not assume an automatic increase after the first 28 days.

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

A private operator could start court proceedings against you for an unpaid parking charge.

After the necessary decree and enforcement steps, sheriff officers may carry out permitted diligence. Safeguards, notices, protected funds and exemptions apply. Possible steps include:

• Serve a Charge for Payment on you
• Execute an Earning Arrestment
• Put an attachment on a vehicle
• Arrestment on a bank account

What happens if a parking company takes me to court?

There are two scenarios in court cases for parking fines in Scotland.

• The sheriff may order payment and award expenses permitted by the applicable rules.
• The court may reject the claim if liability is not established.

If defending, explain the actual grounds and provide relevant evidence in accordance with the court’s directions.

The pursuer must establish its civil claim. The outcome is not determined simply by whether a motorist can prove an “excuse”.

Will the parking charge damage my credit score?

A Scottish sheriff court can grant a decree. A registered decree can affect credit for six years; payment in full within one calendar month of the decree date can allow its removal when proof is provided. Later payment normally marks it satisfied rather than removing it.

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

References

1. Sky News — Parking Tickets Statistics