Nevertheless, in some public places, the police are in fact responsible for enforcing parking restrictions before the local authority. As a result, failure to comply with parking rules and regulations becomes a criminal matter rather than a civil matter, often resulting in a fixed fine notice being issued to the driver instead of an NCP. An NCP is considered a penalty for violating certain rules and regulations and although a formal parking ticket can always be challenged. A fixed fine is considered more serious and often results from a driver`s illegal parking error, which therefore justifies a penalty. Usually, a police officer or traffic officer will put the notice on your windshield, so there is a 21-day delay for the response. After 5 years, the claim, even if collectible, is not legally enforceable due to the limitation period. Four years ago, I travelled from England to visit a friend in Glasgow. My car was parked in a living room of his apartment, because he wasn`t driving, my car was parked in his place. I received a parking fee on my windshield and later one at my home. I ignored them because it was the advice I had seen online at the time. Four years later I received another letter from DCB Ltd threatening to advise their client to take legal action against me if I do not pay £160, the letter also stating that I am no longer able to appeal. Is it good practice to continue to ignore? Second, if the matter goes to court, you could be held liable for legal fees, which could significantly increase the amount of debt. You can`t win either.
Don`t ignore the fines. They can be legally enforced, and it is the job of this company to do so. They can also increase if ignored. In short, an operator could share your data with a debt collection agency. In addition, they could take legal action. If parking fees are set correctly, this is a binding contract. First of all, I would say that the folklore to which you refer is outdated and dangerous. There was an earlier argument that penalties for private parking were or could be illegal because penalties were not permitted under Scottish common law or Scots contract law. Since then, however, there has been a UK Supreme Court that rules that these are not penalties but legal service charges, so it is dangerous to ignore them, as these charges can not only be legally enforced in court, but can increase over time.
However, what you are describing may be slightly different. They appear to have parked in an undesignated Braehead car park. I don`t know if there are any signs saying you shouldn`t park in these areas and if you`re paying the price. If there isn`t, I`m not sure a private parking lot can charge a fee. In general, the principle of private parking penalties is that you have parked in a designated parking lot where signs telling you the parking conditions tell you the parking conditions (duration, etc.), and if you violate the conditions, you effectively agree to either the parking conditions in that area and all applicable fees, including fees if you do not comply with the conditions. If you park in a non-designated area, it depends on whether these parking signs also cover those areas. That may be something that a judge has to decide. If they decide to do so, you will have to pay the fee. If they do not, it may be trespassing, which is civil wrong.
The problem with trespassing in Scotland is that damages are not payable unless it can be proven that damage has been caused. Usually, if you park incorrectly somewhere, the police or traffic wardens will give you the ticket; or possibly a local authority parking attendant if you break local laws. These would be chargeable, unless you can prove that you were not parked illegally. Without knowing the signs or where you parked, I can`t say decisively. However, I would say that this company could sue you and you would have to defend the lawsuit, or they would probably get a court order against you. You could also receive their legal fees, which could significantly increase the amount you owe. If you`re not willing to pay the debt, I`d write to the company to deny it and explain why you think you shouldn`t pay it. You`ll usually be a member of a professional park association, so if you can`t resolve the issue with them, you can usually challenge it with their professional association, but you need to be prepared for them to sue them if you fail. I wouldn`t ignore a parking ticket in the future. I hope it works. If you have the opportunity, I invite you to send me your comments on my Trust Pilot page.
The type of PCN you received in Scotland can determine the differences in consequences. For public announcements, there could be legal effects on your license or imprisoned. However, you could end up in civil court if you ignore the fine. It will also continue to rise in pounds until you pay. It is possible to request a hearing if you do not agree that you committed the crime in the first place. To opt for a court hearing, you must complete the corresponding portion on the back of the notice of fine and send it to the address provided before receiving a summons to appear in court. Legal aid is not normally available for road traffic offences, although it is desirable to seek legal advice before a hearing. However, they can bluff and it can be another threatening letter, and if you do nothing, they can eventually give up.