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I was wondering and hope I have this right. I am under the impression the charges for breach of contract are unenforceable in Scotland. And secondly under the UTCCC any provider can only claim charges reasonably incurred by the injured party.
Now in Scottish hospitals all the notices talk of breaking the contract by parking over the time allowed on ones ticket or not buying a ticket all. And, the last I heard was that the fine was around 40 pounds. As it costs £7 to park all day surely the greatest loss that can be incurred is the loss of revue the parking space owners would have lost due to someone blocking it with their car being parked in it without a ticket. But then would it no be fair to narrow this down and suggest that the responsibility lies with the parking space provider to prove exactly how long one was using the space for without a valid ticket?
Breaches of contract are enforceable! However, private parking companies (who use contract law) cannot enforce a penalty charge. As they usually cannot prove who the driver was and hence who breached the contract and due to the fact - I am sure someone more experienced will come along to correct me - but penaties can only be the actual loss incurred.
Nicola Sturgeon has just announced that the maximum should be £3 now...I don't know how the penalty structure will work (if it was enforceable anyway).
The last point you make is why they are penalty charges and unenforceable.
What we need here is someone who knows scottish law. I'm told that penalties are no more enforceable in Scotland than in England and Wales. The charges for any breach of contract is restricted to "damages" - that is actual loss or opportunity cost, in this case £7 / day.
What I don't know is the relevant case law, south of the border we all quote the Dunlop v New Motor case, there must be a similar case law precedent in Scotland.
Parking Charges at Scottish Hospitals?
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