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Re: Court orders woman in Scotland to pay private parking fine.
Here's the transcript. There seem to have been a few mistakes made, such as a comment that the defendant was entitled to a permit and a right to park but didn't apply for a permit and the signs seem to be saying permit holders only and therefore forbidding and no offer. -
Re: Court orders woman in Scotland to pay private parking fine.
The Sheriff court does not set precedent. The decision seems to me to be correctly made.Originally posted by Captain Haddock View Post
There appears to have been no argument/discussion of whether the driver and VCS did in fact have a contract with each other so the Sheriff did not have to decide that point. Whilst it should have been a winning point if raised, the defender probably failed the "attitude test" and may have needed a miracle anyway.
It is to be noted that the driver was admitted.
M1Comment
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Re: Court orders woman in Scotland to pay private parking fine.
The judge's 'Finds and Fact and Law' states that the mere presence of a sign is a contract. How on God's Earth can it be construed as such?Comment
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Re: Court orders woman in Scotland to pay private parking fine.
Well it doesn't, obviously, but the defence has to deal with it or they get shafted. Would be a very good appeal point.Originally posted by Captain Haddock View Post
If the sign says "Go and burn down Dens park" that isn't a contract.
M1Comment
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Re: Court orders woman in Scotland to pay private parking fine.
Here's a photo of the garages and sign at the place taken from the Metro website.
Clearly the top half of the sign is prohibited, so my view would be that the sign can't be both prohibited and contractual. I can barely read the sign though it does seem to say that you fully understand and agree to the terms and conditions of the sign.
That sort of sign would be a prohibited sign which prevents any parking at all and in doing so you would be trespassing. The charge itself is just dressed up as damages for trespassing rather than being any kind of contract and VCS cannot have any standing to bring a claim. How can you say that a sign saying "No parking at any time" but then say that by parking there you are agreeing to enter into a contract is construed as a contract?
From reading various news websites, her defence appears to be that the charges are not enforceable and she can park anywhere she likes ... lol!
She might struggle with an appeal on that defence alone, especially if she never pleaded anything about the sign, though there may be a possible argument that if the charges does not specify that they apply each time she parks then she should only have to pay one charge of £100 to cover any future parking, might be a stretch though and it does say charges apply 24 hours per day, but not for each time you park?If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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LEGAL DISCLAIMER
Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.Comment
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Re: Court orders woman in Scotland to pay private parking fine.
Would be interesting to see that one argued in court!! ;-)Originally posted by mystery1 View PostComment
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Re: Court orders woman in Scotland to pay private parking fine.
Might want to check the Sheriffs socks in case you need to change it to TannadumpOriginally posted by Captain Haddock View Post
M1Comment
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Re: Court orders woman in Scotland to pay private parking fine.
Ha! I've just received a letter from a legal firm highlighting this case. It also states that an old car of mine has a ppc charge against it (three years ago, I reckon) and is urging me to get in touch.
It went straight into the bin!Comment
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Re: Court orders woman in Scotland to pay private parking fine.
I always advocate sticking them in a drawer, just in case.
M1Comment
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