Parkers Take Note

I was chatting to someone the other day who said they had received a parking ticket for parking their van in a Morrison’s car park for four hour. The gentleman said he was just going to throw it away because it was unenforceable.

With my solicitor’s hat on I told him that this unfortunately was a common myth and that recently motorist ,Carly Mackie, received the largest ever parking fine in Britain amounting to £24,500. Ms Mackie had been issued with multiple parking charges by Vehicle Control Services Limited who were employed by the factors of her parents’ housing estate to provide a parking scheme. In the estate there were visible signs , eight in all,  advising that a permit was required to park in the area and the consequences of a fine if the terms and conditions were breached.

Despite this Ms Mackie parked her car outside her mother’s home and ignored the almost daily parking charge notices on her windscreen. She wrongly believed she was entitled to park her mini without a permit within the private parking area and that the tickets were unenforceable. Ms Mackie had been offered a parking permit but declined on principle.

However the private firm Vehicle Control Services Limited took her to court last year when she had racked up an £18,500 bill for ignoring more than 200 penalty notices. The action raised at Dundee Sheriff Court was defended by Ms Mackie on the basis that Vehicle Control Services Limited had no right to issue the parking charges and therefore she was under no obligation to pay them.

Generally speaking the public accepts that Local Authorities are able to issue parking tickets known as a fixed penalty. But car parking operators are able to issue parking charges for private car parks provided they display signs in the parking area setting out the terms and conditions of use.  If a motorist parks a car within a private parking area  which has clear signage setting out terms and conditions of using the car park then the driver is taken to have accepted the terms and has entered into a contract which if breached can lead to charges being applied.

In a written judgement of the case Sheriff George Way said Ms Mackie had “entirely misdirected herself on both the law and the contractual chain in this case” and ordered her to pay £24,500.

So be warned!

This entry was posted in In The News, Legal by Elizabeth Baker. Bookmark the permalink.

About Elizabeth Baker

Elizabeth is our Business Development Manager. She has a degree in both English Literature and Law from Glasgow University. After graduating in 1983 she served her traineeship as a solicitor in Oban. When she was admitted as a solicitor her first job was at Mitchells Roberton in 1985 so she is a well known face. She spread her wings and joined other firms along the way and had a successful law practice under her own name for some years. She returned to Mitchells Roberton in 2011 and works primarily to enhance the marketing of our firm. With her excellent links with small business and the media in the greater Glasgow area, she is well placed in the role and generates a good deal of referrals and new business. Elizabeth is a people person and naturally connects with both staff and clients. Elizabeth has two grown up children and loves walking her dog, travelling and reading literature.

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