In short, the answer is no. Parking in Scotland whether on public or private land can have unfortunate consequences therefore the rules should always be adhered to in the first instance. Failure to abide to the parking restrictions in a certain place will most often result in an immediate parking fine. If this happens, it would always be advisable to pay the penalty as soon as is practicable since the charge is likely to be discounted for early acceptance of the breach.
Proving You Are Not In Breach
However, if you are able to prove that you were in fact not in breach at all and have relevant evidence to support your claim then it is possible that you can be absolved of certain parking fines. Nevertheless, there are clear differences between parking fines on both public and private land which should be acknowledged before you decide whether you are liable and willing to pay or not.
Local Authority Issue Parking Tickets
A local authority is responsible for managing parking on public land throughout many areas in Scotland. However, where a local authority is not responsible, the onus falls onto the police instead. Therefore, parking tickets can be issued by either a local authority parking attendant, a police officer or else a traffic warden. Parking tickets themselves result from a failure to follow the parking restrictions as have been stipulated and can vary from one local authority to another. A penalty charge notice (PCN) is a type of parking ticket issued by a local authority parking attendant and is therefore regarded as a civil matter. However, parking ticket fines themselves are dependent on the policy of the specific local authority of which a suspected breach occurred.
Penalty Charge Notice
A PCN is a type of charge against a driver that has failed to abide by parking restrictions in a public place and can be issued by a local authority parking attendant. The PCN will often be placed on the windscreen of the vehicle in breach with 28 days to make payment. There is the opportunity for a driver to appeal against the notice if they were not the driver at the time of the offence or there is some other evidence of their innocence. However, a failure to neither appeal nor pay at all can result in a ‘notice to owner’ reminder as well as a ‘charge certificate’ which will then double the fine. Furthermore, if a fine is not paid within the time limit then a local authority has the power to register the debt with the court without a court hearing and thus recover the charge itself using sheriff officers.
Police Parking Restrictions Can Result In a Criminal Matter
Nevertheless, in certain public areas, the police are responsible for enforcing parking restrictions ahead of the local authority. As such, failure to adhere to the parking rules and regulations becomes a criminal matter rather than a civil one, often resulting in a fixed penalty notice being issued to the driver instead of a PCN. While a PCN is a penalty for contravening certain rules and can be challenged, a fixed penalty notice is more severe and typically results from an illegal parking fault warranting a penalty charge. Usually, a police officer or traffic warden will place the notice on your windscreen, allowing a period of 21 days to respond.
Having been issued with a fixed penalty notice, there are three options available to a driver in breach:
- If you accept liability for the parking offence, you should pay the amount requested on your fixed penalty notice. A discount is often available if paid within a certain period. Failure to pay within 21 days will result in a ‘notice to owner’ reminder, and further delays can increase the fine by 50% or even result in a court appearance.
- You can request a court hearing if you do not agree you committed the offence. To do so, fill out the relevant part on the reverse of the fixed penalty notice and send it to the provided address before receiving a summons to attend court. Legal Aid is not usually available for driving offences, but seeking legal advice before a hearing is advisable.
- If you were not the vehicle owner when the breach occurred, you can send a ‘statutory declaration’ to the court stating this fact. If your car was stolen prior to the breach, provide evidence through your insurance or police report. If the vehicle was lent to someone else, a statutory declaration must be countersigned by the relevant person, facilitating a court hearing for the actual driver responsible.
Parking on Private Land
Parking on private land is considered a contractual relationship between a driver and the landowner. The agreed terms are displayed on signs detailing the conditions a driver accepts upon parking within the area. Failure to adhere to the rules can result in the landowner issuing a PCN. Unlike fixed penalty fines on public land, parking tickets on private land are not considered criminal offences.
While a PCN is similar to a fixed penalty notice issued by the police, it does not have the same legal effect. Instead, it indicates that a private landowner or operator intends to raise proceedings against you in a civil court but provides an option to pay the PCN as an alternative. The PCN typically gives you 28 days to pay, with details on the amount and payment instructions included.
Generally, you have three options if issued with a PCN on private land:
- If you accept liability, pay the fine promptly. Discounts are often available if paid within the first 14 days, so taking advantage of this offer is recommended when applicable.
Not Accepting Liability And Not Paying a Parking Fine Glasgow
If you do not accept liability for a parking breach on private land, you can choose not to pay the charge or respond to the parking operator. The company may continue to send payment requests, but you are not legally obligated to respond. While private parking operators may pursue court action, this is uncommon since the disputed amount is often relatively low. However, retaining your parking ticket and relevant paperwork is advisable if you need to defend yourself in court.
Everyone who receives a PCN in a private car park has the right to challenge the ticket, but the reason must be evidenced and not based solely on believing the charge is unfair. Although Scottish law does not specifically regulate parking, general contract law principles apply between the driver and the landowner or parking operator.
You may challenge a PCN if the rules and parking restrictions were unclear or impossible to recognize at the time. Additionally, you may dispute a PCN if you believe you were not in breach of the rules, such as if you had not left your vehicle and therefore had not technically parked. Furthermore, if you were not the driver but are the registered keeper of the vehicle, you are not obligated to identify the driver. While a company may pursue court proceedings, you are entitled to defend your position.
In Summary
Unless you have a reasonable explanation for not adhering to parking restrictions, whether on public or private land, it is generally advisable to pay the fine. Ignoring fixed penalty notices issued by the police or penalty charge notices issued by local authorities or private landowners can result in increased penalties or legal action. Both types of fines result from contraventions of parking restrictions in Scotland and are generally considered warranted.
Contact Us Today
If you would like further information about a parking enforcement, an independent appeals service, grounds for what is payable and what might not be, contact our expert solicitors today for more information. Call us on 0141 674 6074 or find out more here.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
