Lawyer warns on parking charge

Motorists attempting to ignore parking charges from private firms could end up in deeper trouble, a solicitor has warned.

Many drivers facing charges for overstaying argue that charge notices are unenforceable but Aileen Scott said landmark cases have shown otherwise.

Ms Scott, of Miller Hendry, said sums of around £24,000 are being enforced because of a ruling on how they are viewed as contracts.

And that could spell problems for residents in Perth and Kinross caught up in well-documented parking issues with private firms.

In Scotland parking on public land is managed by the local authority or the police. Parking tickets can be issued by the local authority, a parking attendant, by a police officer or a traffic warden.

On private land parking is often managed by private companies who issue their own tickets.

Ms Scott said: “It has been widely considered that private parking schemes on private land are unenforceable in Scotland, mainly because the terms on the signs in these car parks can be unclear, raising doubts that a valid contact could be entered into and the enforcement letters then referring to the court system in England and Wales.

“If you park on private land, such as a supermarket car park or a privately owned multi-storey car park, you are entering into a contract with the landowner.

“If there are clear signs displayed in the car park setting out rules for using the car park then these are the terms of the contract. By parking on this land you are entering into a contact with the landowner under these terms.

“If these terms are broken the car park owner can take steps to enforce them.”