Motoring Discussion > Ignoring parking tickets etc cost £24,500 Miscellaneous
Thread Author: henry k Replies: 13
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New Mon 3 Apr 17 13:11 
 Ignoring parking tickets etc cost £24,500 - henry k
www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

A woman has been ordered by a sheriff to pay a private parking company £24,500 in unpaid charges.
Carly Mackie ignored hundreds of penalty notices for parking etc.
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New Mon 3 Apr 17 13:21 
 Ignoring parking tickets etc cost £24,500 - Bromptonaut
My cup of sympathy is utterly empty.
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New Mon 3 Apr 17 18:20 
 Ignoring parking tickets etc cost �£24,500 - CGNorwich
Looks a bit Iffy to me.
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New Mon 3 Apr 17 18:40 
 Ignoring parking tickets etc cost ��� - Manatee
She has a point. Presumably no one else could park in front of her garage doors.
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New Mon 3 Apr 17 19:18 
 Ignoring parking tickets etc cost Ã��ïà - rtj70
>> She has a point. Presumably no one else could park in front of her garage doors.

They could if (1) nobody complained and (2) had a parking permit to avoid fines ;-)
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New Mon 3 Apr 17 19:51 
 Ignoring parking tickets etc cost Ã��ïà - MD
24.5K They can go and whistle. Let's hope she doesn't own a property eh!
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New Tue 4 Apr 17 05:19 
 Ignoring parking tickets etc cost Ã��ïà - sooty123
I don't think ignoring this will help. It's not really worked so far for her.
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New Tue 4 Apr 17 08:43 
 Ignoring parking tickets etc cost Ã��ïà - Cliff Pope
If the garage really does open into the car park then presumably the owner has a Right of Way across the park. So if she had merely been accessing the garage then her case would have held up.

Our company has vehicular access across a retail park, managed by Parking Eye. The right of way is ancient, derived from the Cambrian Railway which once owned the entire former sidings. When Parking Eye were finally convinced of the implications for their number plate recognition system they gave us exemptions for all staff and firm vehicles, and a hot-line for one-off exemption for any customer exceeding the 2 hours free time.
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New Tue 4 Apr 17 09:14 
 Ignoring parking tickets etc cost Ã��ïà - Hard Cheese
I have some sympathy here, if she was parking directly in front of her stepfather's garage then she was using a space that no one other than her stepfather could use or authorise otherwise they would be blocking the access to the garage.

Many years ago now we lived in a busy ish road and would park across our own drive inconveniencing no one, the council put in a controlled parking zone (CPZ) meaning that we could no longer park across our own drive during the controlled hours, and of course no one else could either, it was ridiculous.

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New Tue 4 Apr 17 09:30 
 Ignoring parking tickets etc cost Ã��ïà - CGNorwich
Unfortunately any argument relating to fairness or how much inconvenience she was causing is totally irrelevnt. As the judge pointed out she was clearly in breach of contract and contract law does not concern its self with such matters.



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New Tue 4 Apr 17 09:51 
 Ignoring parking tickets etc cost Ã��ïà - Cliff Pope
>> As the judge pointed out she was clearly in breach of contract
>>

That perhaps is open to doubt. As I said, it depends on whatever rights the garage owner has regarding access.
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New Tue 4 Apr 17 10:39 
 Ignoring parking tickets etc cost Ã��ïà - spamcan61
>> Unfortunately any argument relating to fairness or how much inconvenience she was causing is totally
>> irrelevnt. As the judge pointed out she was clearly in breach of contract and contract
>> law does not concern its self with such matters.
>>

There is at least some degree of 'fairness' built into contract law, see Unfair Contract Terms Act 1977

www.legislation.gov.uk/ukpga/1977/50

en.wikipedia.org/wiki/Unfair_Contract_Terms_Act_1977

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New Tue 4 Apr 17 11:11 
 Ignoring parking tickets etc cost Ã��ïà - CGNorwich
There is indeed a degree of fairness but that is concerned with the form of the contract etc. Once you accept that there was a contract in force, which does not seem to have been disputed, you cannot argue that the consideration is unreasonable.
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New Tue 4 Apr 17 09:37 
 Ignoring parking tickets etc cost Ã��ïà - Bromptonaut
What's not apparent from any of the reports is WHY parking is controlled by a private enforcement contractor. A clue though may be that Ms Mackie's home is described as being in the Waterfront district of Dundee, a formerly run down area now being comprehensively and expensively redeveloped. In an area of mixed commercial residential redevelopment like that uncontrolled parking is likely to cause mayhem.

Hopefully the full judgment will be published in due course.

Report in the Herald suggests it may be regarded as a test case for Scottish law in this area in which case Ms Mackie may find it easier to fund (or find pro-bono assistance) in an appeal.
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