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  1. #1
    Originally the Swankers Garage_Doors's Avatar
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    Woman ignored hundreds of parking tickets claiming they were unenforceable fined 25k !


    0 Not allowed!
    Think this is one for the peppipoo clan to get involved and get them quashed.

    A woman has been ordered by a sheriff to pay a private parking company £24,500 in unpaid charges.
    Carly Mackie ignored hundreds of parking tickets for leaving her car at Dundee's Waterfront without a permit, claiming they were unenforceable.
    Ms Mackie said that she had a right to park in the area as she was living there at the time.
    Sheriff George Way said the charges were from a "valid contract" and she was liable for them.
    Vehicle Control Services (VCS) took the 28-year-old to court last year after she failed to pay £18,500 in private parking notices.
    She had been living at a flat with her stepfather, who was a tenant and had a garage at the property.
    Sheriff Way said Ms Mackie had parked outside the garage and would not accept the offer of a parking permit for a space nearby for £40 per month.


    In a written judgement, Sheriff Way said: "She admits she parked without a permit, on the property that the pursuers were contracted to protect.
    "She had no better right or title to do so than any other interloper or stranger no matter what her belief might be."

    What does the law say?
    Parking tickets issued by private companies in private car parks are not fines, they can be classed as parking charge notices.
    This is different from Penalty Charge Notices which are issued by council traffic wardens and the police. These are regulated fines, backed by legislation.
    Private landowners and car parking firms do not have the power to issue Penalty Charge Notices
    However, by parking in a restricted private area, a motorist can be considered to be agreeing to a contract with the landowner or car park operator, provided there is adequate signage warning of the charge.
    Failing to pay can be seen as a breach of contract and the car parking firm can take the motorist to court to recover their losses.
    The sheriff said Ms Mackie had "entirely misdirected herself" on both the law and "the contractual chain" in the case.
    He said: "The defender is bound by that contract and incurred the parking charge on each occasion.
    "The defender refused to pay the parking charges not because she was unaware of the parking scheme or the terms of the notices or the financial consequences of parking at any time, but because she did not believe that the charges were valid in law.
    "The parking charges flow from a valid contract between the pursuers and the defender and she is liable for them."

    http://www.bbc.co.uk/news/uk-scotlan...ntral-39478203
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    • #2
      Numpty Thunder Bolt's Avatar
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      0 Not allowed!
      She refused to buy a parking permit, so is at fault.
      Quote Originally Posted by brighton bluenose View Post
      This quote is hidden because you are ignoring this member. Show Quote
      NSC at its very best ~ a post based on assumption on a matter the poster hasn't got a clue about!!
      The true measure of any society can be found in how it treats its most vulnerable members. Mahatma Gandhi
    • #3
      Originally the Swankers Garage_Doors's Avatar
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      0 Not allowed!
      More info:



      Carly Mackie, 28, parked 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 on the spot in front of her family's garage near their Dundee home and the tickets were unenforceable.

      But private firm Vehicle Control Services took her to court last year when she racked up an £18,500 bill for ignoring more than 200 penalties.

      The firm said Ms Mackie has not challenged a single fine and was not entitled to leave her car there without a permit.

      In a written judgment 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.

      "She stated that (effectively a protest position) that parking charges were illegal and unenforceable in Scotland and that she could park where she liked as her father's guest.

      "The defender is not the tenant. The defender's car was an additional burden on the parking facilities and she was the same as any other interloper.

      "She was offered a permit by the factors (at a reasonable charge I think) but she refused on principle."

      He added: "Parking is not only an amenity but a valuable commodity in modern life."

      Ms Mackie had been parking in an area reserved for residents when she visited the property rented by her mother and step-father, since at least 2015.

      Sheriff Way said she had parked outside the garage and would not accept the offer of a parking permit for a space nearby for £40 per month.

      Parking tickets from private companies are not fines but by parking in a restricted area a motorist can be considered to be agreeing to a contract.
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    • #4
      my life my word driller's Avatar
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      Private parking fine


      0 Not allowed!
      Woman fined £24,500 for ignoring parking rules


      http://news.sky.com/story/woman-fine...rules-10824143

      Is the advice to ignore PCN issued by private companies now not valid??
      its everyone else not me
    • #5
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      0 Not allowed!
      Quote Originally Posted by driller View Post
      This quote is hidden because you are ignoring this member. Show Quote
      Woman fined £24,500 for ignoring parking rules


      http://news.sky.com/story/woman-fine...rules-10824143

      Is the advice to ignore PCN issued by private companies now not valid??
      I think it still is valid, but the sheer amount of parking abuse this woman did, she was on a hiding to nothing. One infringement isn't worth chasing through the courts, but this daft bint was.
      "Jesus Christ! That rabbit's dynamite!"
    • #6
      Drew drew's Avatar
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      0 Not allowed!
      I bet she wishes she had bought a permit now!!!
    • #7
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      0 Not allowed!
      Don't ever ignore. Correspond. But never admit to being the driver = no liability under protection of freedoms act

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