In Scotland, private parking fines can be either paid directly or contested through an appeal, depending on the circumstances of the issuance. Dive in to discover more about this process...
Have you received a private parking fine in Scotland and need some help? This is the place for you. Every month, more than 130,000 people visit our website for guidance on parking fines and tickets.
In this article, we’ll explain:
How private parking fines work in Scotland.
If you are required to pay these fines.
The steps to take if you want to challenge a fine.
Who operates private car parks.
Useful tips to avoid getting a private parking fine.
We know that getting a parking fine can be a big worry. But remember, you’re not alone. We’ve got plenty of helpful advice and real-life examples to guide you through.
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 with an online solicitor called JustAnswer.
Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.
Can you be fined for parking in private car parks?
You might be issued a private parking ticket from a car park operator if you park in a private car park without paying or without paying the right amount, i.e. overstaying or some other private parking violations.
You can also be issued a private parking fine from these companies if you don’t park correctly within the private car park, such as not using a bay.
There have been incidents where motorists have received a ticket because their wheel was just outside of the bay, which can seem harsh.
What is a private car park operator?
Car park management companies work on behalf of other businesses to manage private car parks such as retail parks
The car park company isn’t typically the owner of the land or the car park.
Private car park operators often install cameras and signage for free to ensure the legal and safe operation of the car park.
This is provided in return for any money raised from issuing Parking Charge Notices (PCNs).
What is a Parking Charge Notice (PCN)?
A Parking Charge Notice is the official name of private parking fines.
It’s thought that private parking infringement notices were named Parking Charge Notices to confuse motorists.
It was done to make them believe the fine is the same as a council parking fine called a Penalty Charge Notice – also PCN.
A Parking Charge Notice is issued by the car park operator when they spot a parking contravention in one of the car parks they manage.
This mostly happens through specialistCCTV, but on-site wardens might also spot a parking contravention themselves.
You might not have to pay
In many circumstances, parking tickets are not enforceable.
The last time I had a parking ticket, I paid £5 for a trial with an Online Solicitor called JustAnswer.
They advised me on the appeals process and helped me to create a successful airtight defence. It’s a bit of a no-brainer!
When this happens, the car parking company can ask the court to allow them to enforce the debt, and one of the ways to do this is to use Sheriff Officers (bailiffs).
You don’t have to let them in when they come to your door, but they can enter your home through open or unlocked doors.
It’s better to avoid this situation as Sheriff Officers charge debt collection fees that are more expensive than parking fines.
The fees are added to your debt.
Sheriff Officers mightn’t be the only way the company tries to enforce the debt.
They could ask for a charge to be placed on a property you own, or try to have money taken directly from your wages via the court.
Common Issues and Disputes with Private Parking Fines
Various reasons could lead to a dispute over a private parking ticket.
I’ve listed some of them here:
The Parking Charge Notice arrived in the post more than 14 days after the parking offence allegedly took place
You parked your vehicle correctly
The parking signs or road markings were not clearly visible, missing or unclear
There was no way for you to pay
You were overcharged
You weren’t the driver when the ticket was issued
You couldn’t return to your car for a valid reason
Your vehicle had broken down
You were only just out of time before the ticket was issued
Can I appeal a parking ticket in Scotland?
Yes, you have a right to appeal a parking fine in Scotland.
Your appeal must be made within 28 days of the alleged parking violation.
The appeals procedure will be explained on your PCN.
It usually involves submitting a written appeal and evidence online or sending your appeal to the company’s address.
Always keep copies of your appeal and evidence of posting.
The company has 56 days to respond to the appeal or you automatically win the appeal.
Hire a Parking Solicitor for less than a coffee
If you’re thinking about appealing your parking ticket then getting some professional advice is a good idea.
Getting the support of a Solicitor can make your appeal much more likely to win.
For a £5 trial, Solicitors from JustAnswer can look at your case and help you create an airtight appeal.
What happens if I appeal a parking ticket in Scotland and lose?
If you make a private parking ticket appeal in Scotland and lose, you can escalate the appeal for a second decision.
The escalated appeal will be looked at by an independent tribunal which has the authority to override the car park operator’s decision.
This could be to POPLA or the IAS depending on which association the car park management company is a member of.
Private parking firms must explain how to escalate an appeal when they send you an appeal rejection notice.
Private parking fines ignore Scotland or pay?
It’s never a good idea to ignore private parking tickets.
The fine may not be immediately enforceable, but the operator could take you to court and win.
When this happens, you’d have not choice but to pay considerably more than the original fine.
Plus, you’d have missed out on paying a discounted amount if you’d paid the Parking Charge Notice early.
Private Parking Fines in Scotland FAQs
Are Euro Car Park fines enforceable in Scotland?
Euro Car Park fines are enforceable in Scotland if Euro Car Park takes you to court and wins. You can appeal a Euro Car Park fine.
Do I have to pay a Parking Eye fine in Scotland?
Parking Eye is one of the biggest UK car park operators with locations across Scotland. You’re only legally obligated to pay if Parking Eye has taken you to court and won, but you may want to pay or appeal first.
Can you be fined for parking on private property in Scotland?
You can be fined for breaking the terms and conditions in private car parks or parking on private property. Some property owners have apps to take photos of your vehicle and get a parking operator to issue you with a parking ticket.
Can my vehicle be clamped for a parking infringement on private land?
Car parking operators cannot clamp your car, which was banned in Scotland in 1992. However, you should never remove the clamp yourself. Instead, contact the local police because if you remove it yourself, the operator might charge you for vandalism.
Want to appeal your parking ticket? 