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 Car parking fines
Topic Originator: kozmanout  
Date:   Sat 1 Feb 09:20

Foolishly over stayed my welcome at the car park at Aldi and have now received a fine with the kind option to pay now for a reduced amount.
Should I bite the bullet and pay or ignore and hope they leave me alone??
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 Re: Car parking fines
Topic Originator: The One Who Knocks  
Date:   Sat 1 Feb 10:13

I may be wrong but I believe that the laws have changed in Scotland and they can now pursue you more easily in the courts. I guess its up to you. Roll the dice and take your chances or hold your hands up, mutter 'it's a fair cop guv' and stump up.

The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently
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 Re: Car parking fines
Topic Originator: Berry  
Date:   Sat 1 Feb 12:34

This thread has come out early this year!!
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 Re: Car parking fines
Topic Originator: PARrot  
Date:   Sat 1 Feb 14:54

Were you shopping in Aldi or just using the carpark?
If shopping appeal it and send in your reciept. They might let you off. If the latter id say just pay it. Rools is rools.

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 Re: Car parking fines
Topic Originator: GG4  
Date:   Sat 1 Feb 17:08

Ignore all letters. You will get 4-5 letters in total - All threatening various things. And Colurs changing round the border trying to intimidate you into paying up.

Only Council Parking Fines and Police Fines 'PCNs' can be enforced up here. Do not converse with them at all. Sit tight it will go away. This is a 'Private parking notice' or simply an 'invoice'.

Let me guess £60 reduced fine if you do pay within 14 days? Official looking bit of paper, clear photos of your car, time dated etc. Here is what happens afterwards if you ignore this first letter.

Next step - Reminder letter. About a week to 10 days after. Fine now £100 - You may not appeal as its over 14 days period.

Step After - Final Reminder About 2 weeks later - Pay £100 within 7 days or face debt rising to £160 and put in the hands of their appointed lawyer.

Last step about 10 days later - Letter from some trumped up no mark lawyer. Fine now £160 or face court.

Keep ignoring. They do not know who the actual driver of your car was and cannot pursue someone who they cant be sure was driving the vehicle (so they go after the registered keeper). As there is NO KEEPER LIABILITY LAW in Scotland. You do not have to name the driver. Therefore unless you incriminate yourself, even appealing (which is an admission of guilt) or naming the actual driver then just ignore.

For reasurance please see Pepipoo and Money saving expert forums but make sure you are not looking at English cases. Look at Scottish advise only.

I'm still waiting to be taken to court from Pollock Fairbridge and Schiavonne solicitors from Glasgow 3 and a half months after receiving a letter from them threatening to take me to court for £160.

They can fecking bolt. Same with the shower (Parking eye) who run the car park at B&Q. Be bold and stand up to these cretins.
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 Re: Car parking fines
Topic Originator: The One Who Knocks  
Date:   Sat 1 Feb 17:42

https://www.morton-fraser.com/knowledge-hub/truth-about-private-parking-charges-scotland-they-enforceable

The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently
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 Re: Car parking fines
Topic Originator: JTH123  
Date:   Sat 1 Feb 19:47

The key fact in that is that it was worth their while to pursue the person who ran up £24k in "charges" and clearly hadn't pursued them until things got to that scale.
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 Re: Car parking fines
Topic Originator: The One Who Knocks  
Date:   Sat 1 Feb 20:19

The point is though that the case proved that such fines are indeed enforceable in Scotland. Now on an individual basis it might not be cost effective to pursue every ticket in a civil court but if they pursue the odd one here and there then it might encourage another 200 people just to stump up the cash in the first place before escalations kick in.

The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently
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 Re: Car parking fines
Topic Originator: Berry  
Date:   Sat 1 Feb 21:07

If it’s something like £60 then just pay the thing, hardly worth the hassle worrying about it otherwise.
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 Re: Car parking fines
Topic Originator: GG4  
Date:   Sun 2 Feb 10:41

^^^Aye go ahead be a sheep.

These companies are English based and have zero rights up here. That case towk put up coincidentally was quoted at the bottom of the lawyers letter I received. Going after somebody for over 20k is worthwile going after somebody for a figure they just pluck out the air tgey can poke it.
Ive put very good advice up there ignore it if you like or pay up like a mug. These companies need stopped.



Post Edited (Sun 02 Feb 10:43)
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 Re: Car parking fines
Topic Originator: veteraneastender  
Date:   Sun 2 Feb 11:24

"The point is though that the case proved that such fines are indeed enforceable in Scotland. Now on an individual basis it might not be cost effective to pursue every ticket in a civil court but if they pursue the odd one here and there then it might encourage another 200 people just to stump up the cash in the first place before escalations kick in."

Presumably the defendant would have to pay costs on top of the fine if the claimant is successful ?

If so it would be cost effective to pursue from the latter's point of view, even if cases were cherry picked for further action.
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 Re: Car parking fines
Topic Originator: Rastapari  
Date:   Sun 2 Feb 14:00

Ignore.....unless you have no spine or pride.

I Hope You're Ok Today....
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 Re: Car parking fines
Topic Originator: The One Who Knocks  
Date:   Sun 2 Feb 14:17

Some people get these fines for parking in disabled bays when they have no cause to but hey they have the spine and pride to do so I guess.

The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently
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 Re: Car parking fines
Topic Originator: MikeyLeonard  
Date:   Sun 2 Feb 15:59

Quote:

The One Who Knocks, Sun 2 Feb 14:17

Some people get these fines for parking in disabled bays when they have no cause to but hey they have the spine and pride to do so I guess.


But we're not talking about anyone parking in a disabled bay in this instance.

You only said that to have a go at another poster. . . .poor stuff.
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 Re: Car parking fines
Topic Originator: Berry  
Date:   Sun 2 Feb 16:12

The simple solution is just don’t overstay in the car park is it not, these penalties regardless if you feel they are enforceable or not start by the driver doing something out with the set rules.

The general advice is don’t pay and ignore every correspondence you receive, fair enough, it does work and it’s something I would probably do but if you are genuinely worrying about it and the potential repercussions and you’re going to be fretting about it, then just pay the fee and put your mind at rest.

Sheep, spine, pride, what a load of nonsense, do what you feel is comfortable and don’t listen to all the macho folk on here.
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 Re: Car parking fines
Topic Originator: GG4  
Date:   Sun 2 Feb 17:10

Hardly being macho and my advice is sound. Do your research before just giving in and opening up your wallet.

Any idiot and his dog can send somebody an invoice with imaginary figures demanded.

Berry I demand you pay me 50 round pounds for every post you make on .net from now on just because I dont like your posts for example..... Will you pay me if I invoice you????
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 Re: Car parking fines
Topic Originator: The One Who Knocks  
Date:   Sun 2 Feb 17:19

Is there a big sig up on on the forum stating that is one of the conditions of posting on dot.net and that by using the forum you agree to those conditions?

The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently
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 Re: Car parking fines
Topic Originator: The One Who Knocks  
Date:   Sun 2 Feb 17:24

Actually MikeyLenoard you are right it was poor stuff and having read it again I can see Rasta was only responding to the original poster with no spine or pride comment. I thought he was making a more general comment against those who refuse to pay fines issued by parking enforcement firms. Apologies Rasta.

The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently
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 Re: Car parking fines
Topic Originator: londonparsfan  
Date:   Sun 2 Feb 17:32

Quote:

GG4, Sun 2 Feb 10:41

^^^Aye go ahead be a sheep.

These companies are English based and have zero rights up here. That case towk put up coincidentally was quoted at the bottom of the lawyers letter I received. Going after somebody for over 20k is worthwile going after somebody for a figure they just pluck out the air tgey can poke it.
Ive put very good advice up there ignore it if you like or pay up like a mug. These companies need stopped.


Sorry mate but the advice you've put up is in the main completely wrong and calling folk sheep isn't going to change that.

Private parking charges are based on contract law and have always been legally enforceable in Scotland. The contract was considered to be between the land owner and the driver of the car.

Companies in England have as much right of access to Scottish courts as anyone else and to say they have zero rights is simply wrong.

In the past the onus was on the land owner (usually via the outsource parking company) to prove who the driver of the car was which is why it was often quite difficult for them to take cases to court as they often couldn't provide any evidence as to who the driver was. That's completely different from parking tickets not being enforceable.

The Transport (Scotland) Bill 2019 included a keeper liability clause and was passed by the Scottish Parliamnet in October last year and was given Royal Assent in November.

You can see the bill here:

https://www.parliament.scot/S5_Bills/Transport%20(Scotland)%20Bill/SPBill33BS052019.pdf

There was meant to be a UK wide code of conduct for parking companies coming out around the same time as the changes to the law but it looks as though the British Standards Institute is still working on it.

https://www.yourmoney.com/household-bills/new-code-of-practice-for-private-parking-industry/

As keeper liability is fairly new it's too early to tell what it'll do to court cases but parking companies will be able to apply for court costs as well so it's highly likely they'll increase.

You can still ignore it if you want and take your chances and hope you won't be pursued in court but don't take that course of action with the mistaken belief that the parking charge can't be enforced. England has had keeper liability for years and not all unpaid charges get pursued so it'll come down to the company concerned. Might be worth doing some research to see if they have a tendency to drop the cases or pursue them in court.

For me the best piece of advice on here is from Parrot to see if Aldi would revoke it as the parking company act at their direction.
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 Re: Car parking fines
Topic Originator: MikeyLeonard  
Date:   Sun 2 Feb 19:02

Quote:

The One Who Knocks, Sun 2 Feb 17:24

Actually MikeyLenoard you are right it was poor stuff and having read it again I can see Rasta was only responding to the original poster with no spine or pride comment. I thought he was making a more general comment against those who refuse to pay fines issued by parking enforcement firms. Apologies Rasta.


Fair play TOWK.
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 Re: Car parking fines
Topic Originator: Berry  
Date:   Sun 2 Feb 19:31

Looks like you’re the one who’s done their research londonparsfan :)
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 Re: Car parking fines
Topic Originator: TAFKA_Super_Petrie  
Date:   Sun 2 Feb 19:36

Only been one case successfully followed through in Scotland to my knowledge. Few years ago now so there may have been more.

https://www.heraldscotland.com/news/14331874.driver-who-used-mcdonalds-as-personal-car-park-faced-with-bill-for-thousands

---------------------------------------------------------------


"People always talk about Ronaldinho and magic, but I didn't see him today. I saw Henrik Larsson; that's where the magic was."


Post Edited (Sun 02 Feb 19:38)
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 Re: Car parking fines
Topic Originator: Berry  
Date:   Sun 2 Feb 19:48

“Yet again this is another case of someone logging onto the internet forums or listening to unqualified people that parking charges are not enforceable and yet again the courts agree they are fully enforceable and they continue to do so.”


Hmm sounds familiar....
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 Re: Car parking fines
Topic Originator: londonparsfan  
Date:   Sun 2 Feb 21:43

Quote:

Berry, Sun 2 Feb 19:31

Looks like you’re the one who’s done their research londonparsfan :)


We've had loads of these threads on here 😂 you pick up a bit as you go.
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 Re: Car parking fines
Topic Originator: donj  
Date:   Sun 2 Feb 23:06

The only Aldi I can guess at somebody overstaying 2 hours just happens to be beside East End.Pretty obvious it disrupts their business and they might enforce charges if you treat it as a nice free car park at the game when there is a free one 200 yards away.
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 Re: Car parking fines
Topic Originator: LochgellyAlbert  
Date:   Mon 3 Feb 00:01

Does it take you 2 hours to get round Aldis?
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 Re: Car parking fines
Topic Originator: GG4  
Date:   Mon 3 Feb 07:11

My info has served me well and indeed came from a lawyer. I have done my research and this has been proved because I have no been summoned to court as repeatedly threatened by those scumbags. Ignore if you like makes zero difference to me.
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 Re: Car parking fines
Topic Originator: londonparsfan  
Date:   Mon 3 Feb 08:35

Yeah but the law has changed.
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 Re: Car parking fines
Topic Originator: BigJPar  
Date:   Mon 3 Feb 18:48

Quote:

londonparsfan, Mon 3 Feb 08:35

Yeah but the law has changed.


Has the new law actually been used yet?
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 Re: Car parking fines
Topic Originator: londonparsfan  
Date:   Mon 3 Feb 20:47

No idea to be honest mate and I'm not saying the parking companies will start taking everyone to court because of it as they dont appear to do that in England. I just didnt want the OP to think they weren't legally enforceable.
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 Re: Car parking fines
Topic Originator: JTH123  
Date:   Mon 3 Feb 21:03

I'm pretty sure the courts would get p'd off pretty quickly if parking companies started a plethora of court cases for folk who parked for 30 mins too long. Imho that's why the cases that come to court are for repeat offenders.
We should think ourselves lucky that the law forbids clamping for this sort of thing in Scotland. That's a proper rip-off.
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 Re: Car parking fines
Topic Originator: moviescot  
Date:   Mon 3 Feb 21:39

Quote:

JTH123, Mon 3 Feb 21:03

I'm pretty sure the courts would get p'd off pretty quickly if parking companies started a plethora of court cases for folk who parked for 30 mins too long. Imho that's why the cases that come to court are for repeat offenders.
We should think ourselves lucky that the law forbids clamping for this sort of thing in Scotland. That's a proper rip-off.


Wheel clamping on private land is also illegal in England and has been since 2012.

Banned in Scotland since 1992 but technically always illegal as in Scotland it was considered theft.
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 Re: Car parking fines
Topic Originator: donj  
Date:   Mon 3 Feb 21:44

In the end just don't overstay.You know the time for the 'FREE' car park so if you want to use it stick to their rules.Two hours is a pretty fair time for nothing.
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 Re: Car parking fines
Topic Originator: londonparsfan  
Date:   Mon 3 Feb 21:51

I dont think they would tbh as parking for 30 minutes more than the signs allow you to is a breach of the contract you agree to when you park. Its exactly what the small claims courts are there to enforce - low value disputes. There's never been any complaints by courts in England over volumes of cases brought for parking fines.

The reason the cases in Scotland surround repeat offenders is probably because there was no keeper liabilty and the parking firms then had the evidence of who was driving as they were daft enough to keep on doing it as well as the fact it was a large amount.

I think clamping has been banned on private land in England too to stop rogue clamping. Some of these parking companies are shady asf but from what the OP has said the invoice appears to have been issued correctly.

I reckon once the new code of conduct is released there'll be an increase in court cases in Scotland and quite a lot of folk are going to get caught out.
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 Re: Car parking fines
Topic Originator: Skerla  
Date:   Tue 4 Feb 20:02

Just ignore it, you will be fine.
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