PCN (parking charge notice) in Scotland advice please?

tekbow

So got a PCN through the post the other day from Highview parking for the free parking in Livingston Retail Park.

To be fair, they seem to have us bang to rights as we completely missed the actually obvious notices posted on every lamp post in the parking area laying out the maximum allowable stay, which we exceeded etc. I drove up today just to check.

However, are these even enforceable in Scotland? I know they didn't use to be, however some cursory googling would seem to suggest that this is currently not the case and that just ignoring them Is not necessarily the best idea. Apparently The whole Vehicle Keeper thing has changed recently too and refusing to identify yourself as the driver is not an effective defense.

I'm inclined to put it down to a lesson learned and pay within the 14 day period which provides a discount off the full rate (clearly marked on the notices) UNLESS someone can reliably inform or point me in the direction of info that states this is a unenforceable attempt at a cash grab.

Cheers

midlifecrisis

scotland doesnt have POFA (protection of freedoms act) which basically means if they dont know who the driver was, ie you dont admit to it or tell them, they cant prosecute the registered keeper.  The court system is scotland is different also in that unless you have loads of pcns from them it wouldnt be worth them even trying, ie it would cost them much more to bring it to court than they would get. perceived wisdom is to ignore them completely ( different than in england) just expect to bombarded with loads of threatening letters from silly debt collectors but they go away eventually.

Kittyfrisk

My understanding is the same as @midlifecrisis  but as ever with such things, there seem to be a number of viewpoints.
I'd go for whatever the path is that will not keep you awake at night.

https://www.citizensadvice.org.uk/scotland/law-and-courts/parking-tickets/appealing-parking-tickets/parking-tickets-on-private-land-s/
https://www.mygov.scot/parking-tickets
http://forums.pepipoo.com/lofiversion/index.php/f60.html

tekbow

Thanks gents, much appreciated. Will have a think about how to proceed.

Cols

It seems unwise to ignore parking fines in Scotland in the hope that they’ll just forget about it.

Private parking tickets woman declared bankrupt.
https://www.bbc.co.uk/news/uk-scotland-tayside-central-41608064

tekbow

Cols said:

It seems unwise to ignore parking fines in Scotland in the hope that they’ll just forget about it.

Private parking tickets woman declared bankrupt.
https://www.bbc.co.uk/news/uk-scotland-tayside-central-41608064

That was hundreds of accrued tickets worth tens of thousands, I guess it Was well worth their while persuing it vs a single ticket.

That being said, we missed the notices because we didn't bother to look (I was genuinely suprised when I went up and saw them today) plus we did actually stay In excess of the time limit, so as I said, im inclined to pay it and call it a lesson learned.

midlifecrisis

they are unlikely to take you to court for one ticket, the article above was for loads. 

Adey

If you didn't see the notices, my email they weren't obvious. They probably are with hindsight as you have actually gone looking for them. Previously you thought it was free so you weren't actually looking for them.

tekbow

Adey said:

If you didn't see the notices, my email they weren't obvious. They probably are with hindsight as you have actually gone looking for them. Previously you thought it was free so you weren't actually looking for them.

We did think it was free, and didnt look, but the signs were VERY obvious had I bothered to glance up.

Like probably more than 10 of them. One on every lamp post in the car park.

Amazing what you dont notice when you're not looking for it.

ricky50

How long over the limit were you?  If it was only a short time then send them a letter saying you were not aware that there was a limit but apologise and say that you are enclosing £5 as a reasonable (use this word) penalty for inconveniencing them. I was told many years ago to do this by a lawyer friend because it's code to their solicitors that you know their game and that if they try to take you to court, they can't do it on the basis that you failed to pay and that they would have to show that what you sent them was unreasonable which is a whole different ball game as far as courts are concerned and it would therefore be too risky and much more costly for them to go to court.  I've only had to do this twice over the years but it has worked both times - they just move on.

tekbow

ricky50 said:

How long over the limit were you?  If it was only a short time then send them a letter saying you were not aware that there was a limit but apologise and say that you are enclosing £5 as a reasonable (use this word) penalty for inconveniencing them. I was told many years ago to do this by a lawyer friend because it's code to their solicitors that you know their game and that if they try to take you to court, they can't do it on the basis that you failed to pay and that they would have to show that what you sent them was unreasonable which is a whole different ball game as far as courts are concerned and it would therefore be too risky and much more costly for them to go to court.  I've only had to do this twice over the years but it has worked both times - they just move on.

An hour

2hr limit, was there 2 hours 58 mins, well outside the 10 min grace period