Sheriff orders woman to pay £24,500 parking invoices

[paulwlton]

just seen this on BBC news, but for some reason won't allow me to post a link.

[Mr.P]

Link to the report: http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

[DragonFly1967]

I guess that this highlights the importance of the words... NEVER NAME THE DRIVER! Especially in Scotland.

[dx100uk]

they are NOT FINES!!

[paulwlton]

they are NOT FINES!!

 

My mistake, should have stated "charges"

[ericsbrother]

this is also a lesson in using the correct arguments in court and doing your homework. I would reckon that a different defence would have found the flaws in VCS contract and conditions so anyone finding themselves in thsi posittion the advice is use everything and anything, dont just rely on the assumprtion that your main reason is the only one that will win the day.

[renegadeimp]

http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

 

Arent these charges totally UE in scotland? Or am i missing something?

[Oddfellow]

Be interesting to see a transcript of the judgment to see where this woman failed. Surely it wasn't just that she got an idiot judge?

[renegadeimp]

I just posted a thread about this, so can someone delete it. It really REALLY sounds like the person went up against a very inept judge.

[Oddfellow]

Then probably worth her requesting leave to appeal

[Raykay]

Sch. 4, Protection of Freedoms Act 2012 does not apply in Scotland, so there is no keeper liability there. However, as in this case, if the driver is identified it is no different to England & Wales in respect of claiming from the driver.

[shywazz]

Being a driver and yes I've had two invoices issued for over staying in a parking eye zone, Sainsbury's...

 

However on each occasion I've gone back into the said store when received the invoices through the post and asked the manager what they can do on my behalf,

 

both tickets were dealt with and cancelled...

 

. My advice would be to visit the place that the possible invoice relates to and ask if anything can be done...

 

It did help that we only do our shop there and are known by most of the staff..

 

. Fingers crossed this woman seeks further advice and lodges a appeal..

 

. Really hope parking eye and smart parking and others don't start using this a bench mark for further court cases.....

[renegadeimp]

Its a TOTALLY different scenario to What PE does.

[brassnecked]

It's in the Daily Heil here:

 

http://www.dailymail.co.uk/news/article-4375940/Driver-ignored-private-firm-s-parking-fines.html

[Old Cogger]

judge should resign as Not Fit For Purpose like a lot of them

[Old Cogger]

one thing I hate in the UK , different parts different rules, should never be we are part of the UK or are we not, like 5 years statute barred scotland 6 years england and wales.. double standards

[brassnecked]

judge should resign as Not Fit For Purpose like a lot of them

This is a seriously bad judgment, as bad as the Beneficial Interest in HP vehicles CC case on that misguided injunction against bailiffs.

[Old Cogger]

This is a seriously bad judgment, as bad as the Beneficial Interest in HP vehicles CC case on that misguided injunction against bailiffs.

 

agree

[ericsbrother]

I see the ignage is prohibitive so the correct argument would have been about a lack of contractual obligation and therefore trespass. No law of trespass in Scotland-game over.

It wont open the floodgates as contract law is just that. It is the lack of keeper liability that doesnt exist in Scotland (or NI) so be careful what you say to the parking co.

[ericsbrother]

you cannot blame the judge. they will deal with the matters placed before them. Another day with a better defence and tyhe parking co will lose hands down. The lady wouldnt gte very far with an appeal, being inept isnt a reason to overturn the decision.

[brassnecked]

According to the Heil, Parking Eye have already put it up on their site, and said "

The case could now be a ‘game changer’ for firms such as Parking- Eye and Smart Parking." Parking Eye are a rapacious greedy outfit owned by Capita.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?476337-Sherif-orders-woman-to-pay-%A324-500-parking-invoices(15-Viewing)-nbsp

[DragonFly1967]

I can't imagine that this will change anything in Scotland as long as the correct defence is used and the PPC do not know who the driver is.

 

The fact remains that in Scottish law, they can only enforce these invoices (via the court) against the driver. So, if they don't know who the driver is, game over

[honeybee13]

Well they can hope, can't they, BN?

 

HB

[brassnecked]

Well they can hope, can't they, BN?

 

HB

They can hope and we can help put them back in their cage. Problem is Capita has too many fingers in too many pies including running Revenue Offices in many Local Authorities and two bailiff companies that like to bend the rules.