Private parking fine

[craig3.2]

Just been for look Craig in Kilmarnock next to McDonald's barrier in place but all rusty & signs are all damaged. Hopefully nothing comes of it. It's in the bin !

Yeah,signs need to be visible..so take some photos to show they were not.
As said,they are unlikely to pursue this,especially given cost of court,and the fact they can't just send bailifs to collect,not in Scotland anyway.....this was outlawed a while ago,along with clamping on private property or in privately ran carparks.
If it's a council car park,then it can be enforced.
The CARPARK signs should say who runs/owns it

 

[craig3.2]

One of my mates had this a few years back in Kilmarnock,challenged it,and heard nothing more,so hopefully they won't pursue....as flingfifer said,they are unlikely to,given that alot of people do not challenge these "fines", and pay up.

 

[Flyingfifer]

Just been for look Craig in Kilmarnock next to McDonald's barrier in place but all rusty & signs are all damaged. Hopefully nothing comes of it. It's in the bin !

Yeah,signs need to be visible..so take some photos to show they were not.
As said,they are unlikely to pursue this,especially given cost of court,and the fact they can't just send bailifs to collect,not in Scotland anyway.....this was outlawed a while ago,along with clamping on private property or in privately ran carparks.
If it's a council car park,then it can be enforced.
The CARPARK signs should say who runs/owns it

+1
Exactly what I was about to say, take photos for extra peace of mind, they need to be clear and unmissable

 

[GreyZed]

"and the fact they can't just send bailifs to collect,not in Scotland anyway.....this was outlawed a while ago"

Not what it says here...

https://www.citizensadvice.org.uk/scotland/debt-and-money/action-the-creditor-can-take-s/action-the-creditor-can-take-s/#h-can-my-possessions-be-sold-to-pay-off-my-debts

I think you are over simplifying things somewhat that's all. There is still a legal mechanism for debt recovery in Scotland, you can be taken to court over an unpaid invoice and the Sheriff's can get involved if it ges far enough. It is very similar to the English process. I still don't see why you believe the advice to the OP to 'ignore' is valid in Scotland when it is not in England.

 

[Flyingfifer]

Not what says here...

https://www.citizensadvice.org.uk/scotland/debt-and-money/action-the-creditor-can-take-s/action-the-creditor-can-take-s/#h-can-my-possessions-be-sold-to-pay-off-my-debts

I think you are over simplifying things somewhat that's all. There is still a legal mechanism for debt recovery in Scotland, you can be taken to court over an unpaid invoice and the Sheriff's can get involved if it ges far enough. It is very similar to the English process. I still don't see why you believe the advice to the OP to 'ignore' is valid in Scotland when it is not in England.

Hassle. Plain and simple.

They cant just write a letter and get a bailiff to your door to basically threaten and harass you, most of these companies north or south of the border rely on people just coughing up, when they dont in England they pass it to a debt collection agency who can harass the f%*k out of you, that isnt as easy in Scotland, they have no option but to take it through court where they need to be able to prove without a shadow of a doubt that you are in the wrong, this isnt easy and it isnt guaranteed, add to that you can then counter claim for costs if you win so why bother? Its alot more hassle in Scotland than in England and for that reason they tend to just let it slide.

Im not saying they CANT chase you, but 999/1000 they dont

 

[craig3.2]

Not what says here...

https://www.citizensadvice.org.uk/scotland/debt-and-money/action-the-creditor-can-take-s/action-the-creditor-can-take-s/#h-can-my-possessions-be-sold-to-pay-off-my-debts

I think you are over simplifying things somewhat that's all. There is still a legal mechanism for debt recovery in Scotland, you can be taken to court over an unpaid invoice and the Sheriff's can get involved if it ges far enough. It is very similar to the English process. I still don't see why you believe the advice to the OP to 'ignore' is valid in Scotland when it is not in England.

Hassle. Plain and simple.

They cant just write a letter and get a bailiff to your door to basically threaten and harass you, most of these companies north or south of the border rely on people just coughing up, when they dont in England they pass it to a debt collection agency who can harass the f%*k out of you, that isnt as easy in Scotland, they have no option but to take it through court where they need to be able to prove without a shadow of a doubt that you are in the wrong, this isnt easy and it isnt guaranteed, add to that you can then counter claim for costs if you win so why bother? Its alot more hassle in Scotland than in England and for that reason they tend to just let it slide.

Im not saying they CANT chase you, but 999/1000 they dont

Again,couldn't have put it better myself ,cheers
Especially,as Kermit has posted,the signs were not visible,in that CARPARK he S talking about,they are seldom where they should be,often found playing around on the ground,rusting away for months on end,as op has said,so if he takes photos showing entrance and exits,any lamposts or poles,not having signs on them clearly stating potential fines,parking charges etc,then the companies case in a court WOULD be weak at best.

 

[Scooba_Steve]

Ignore it and let them take you to court. If a judge decides you have to pay then pay up, no CCJ, no worries.

Debt collectors are powerless.

 

[tykesi]

It is very similar to the English process. I still don't see why you believe the advice to the OP to 'ignore' is valid in Scotland when it is not in England.

The Protection of Freedoms act 2012 (POFA) gives private parking companies the ability to chase the registered keeper for any unpaid invoices. Essentially this means that whoever was driving on the day is irrelevant and the keeper can be held liable for their actions, the parking company can then chase the keeper for payment (providing certain conditions under POFA are met).

The Scottish parliament rejected POFA so it doesn't apply in Scotland, this means if the company don't know who the driver is they're stumped. Many of them 'forget' to tell those they have ticketed this and chase the keeper anyway blatantly lying to try and extort money from the keeper. The registered keeper is also under absolutely no obligation to name the driver, either. If the parking incident occurred in Scotland or the keeper lives in Scotland, the advice above applies.

You might find it interesting to read the MSE link posted earlier in the thread which has much more information about private parking charges and their validity.