Civil Enforcement - Scotland advice

[highlandhelp]

Hi all

 

Elderly parents received parking contravention letter from CE Ltd. Anyone know the laws in Scotland that we can quote. Have read various postings but they seem to relate to English Law.

 

No intention of paying - but elderly parents so do not want them to continue receiving such threatening mail.

 

CE Ltd say parked for 4 hours in the evening - car was in the car park for 20 mins around start of time quoted but left - in car park again later for 10 mins to buy milk (evening).

 

Any suggestions

[battyboomboom]

Don't reply and don't pay, but the law is the Protection from Harassment Act 1997 FYI. Probably the Fraud Act 2006 as well.

[Guest jasonstickstirrer]

If I was you I would consider whether the battle is worth it. All you will get is a load of hassle and raised blood pressure. It's one thing having principles but another to spend your whole time arguing over a small amoiunt of money.

[highlandhelp]

I dont intend to pay as there was no parking breach. They were in car park for no more than 40 mins and the time allowed is 3 hours.

 

Second visit was for 5 mins to buy milk.

 

I just wondered if anyone knew if the template letter and laws quoted applied to Scotland?

[Guest jasonstickstirrer]

You admit you returned to buy milk. This is in breach of the regulations, however short the time. Far better to settle now and get on with your life, free of the stress.

[freakyleaky]

Please take no notice of Jasonstickstirrer.

He is an irritant that will be dealt with shortly.

[battyboomboom]

Jason, your username is spelt wrongly.

 

No one's arguing over any money, there will be only letters from the PPC which I'm sure highlandhelp knows can't harm him.

 

The Administration of Justice Act does not apply to Scotland, but the Protection from Harassment Act 1997 does. However, the stuff covered by the AJA s40 (d) is to do with "uttering documents which he/she knows to be false", would come under the new Fraud Act 2006, s1, "fraud by false representation".

[battyboomboom]

Agreed. Pay up sharpish. They will be inclined to be lenient if you pay early.

 

Leniency means they were going to do something about the non-payment. We know thats not the case ;-)

[Guest jasonstickstirrer]

Please take no notice of Jasonstickstirrer.

He is an irritant that will be dealt with shortly.

Sounds like a threat. What happened to allowing both sides to put their case?

[rory32]

The Administration of Justice Act does not apply to Scotland

The Administration of Justice (Scotland) Act 1972 however does.

[battyboomboom]

Is there anything in that which has the same content as s40 of the AJA?

[freakyleaky]

Sounds like a threat. What happened to allowing both sides to put their case?

Apologies jason. I misread your post. I can now see that you are merely trying to put across your side of the argument. I mistook your posts as the actions of a troll. Silly me.

[Guest jasonstickstirrer]

With the greatest of respect can anyone point to a case involving private parking where the celebrated s40 has ben taken up by police? Please do not hurl insults but tell me if there is such a case.

[rory32]

Is there anything in that which has the same content as s40 of the AJA?

No. It's quite different from the English act. The Protection from Harassment Act 1997 is probably going to be the main act relied on, although I'll have a look and see if I can find an act of sederunt that has anything similar to section 40.

[nero12]

If I was you I would consider whether the battle is worth it. All you will get is a load of hassle and raised blood pressure. It's one thing having principles but another to spend your whole time arguing over a small amoiunt of money.

 

 

yes it is worht it, what they are in essence are letter making factories, they issue a ticket, it gets challenged then the factory is set in motion.

At the end of the day it a piece of paper to them, 5, 10,pieces of paper plus postage. What we talking a fiver at most. The poor sods that pay are the dividend £50,£120, £130 quid. The worst on record I know about is £170 from a car park ad lidls. Its a cash bonanza for thes companies, all the time we give in the more these crooks win.

 

 

ps just seen the post from freaky leaky

[highlandhelp]

I dont get the reply about - saying they went back for milk. The parking is free for a limit of 3 hours - they were in the car park for no more than 40 mins in total first visit and 5mins the second visit same night.

therefore not breaching the rules.

It is a non manned car park with a camera taking photos of car number plates entering and leaving as far as I know.

 

They were not parked for 4 hours in the car park.

[Barnsley Boy]

I dont get the reply about - saying they went back for milk. The parking is free for a limit of 3 hours - they were in the car park for no more than 40 mins in total first visit and 5mins the second visit same night.

therefore not breaching the rules.

It is a non manned car park with a camera taking photos of car number plates entering and leaving as far as I know.

 

They were not parked for 4 hours in the car park.

 

These ANPR systems are far from perfect. Either the system failed to clock the first exit or there may be a "rule" stating something along the lines of "no return within 4 hrs" or some other stated period.

 

Typically these parking companies manage retailer's car parks for free. They make their money from people breaching their silly rules. It is therefore in their interest to make the "rules" as ridiculous as possible.

 

You can "appeal" stating that no rules where broken, but don't be surprised when they turn you down. You are effectively asking them whether they think they should get paid or not.

 

These "fines" from private companies are just as unenforceable in scotland as in england. The template letters don't mention specific legislation so they should be OK to use.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

[scaniaman]

The Administration of Justice (Scotland) Act 1972 however does.

Please help computer novice to find the above act and which part is relevant to parking on private land in scotland.(not where meters are concerned) Also, can anyone provide info on law concerning misuse of mail act wherebye harassment comes through post??

Edited May 10, 2008 by scaniaman

[rory32]

Please help computer novice to find the above act and which part is relevant to parking on private land in scotland

It isn't relevant to parking in Scotland.