Private car parking charges can be challenged, one of Scotland’s top legal minds has said.
In a game-changing document published by Citizens Advice Scotland (CAS), Mark Lindsay QC argues that motorists can challenge private fines if signs were badly displayed, or the fine demanded is too steep.
His views, which come after a number of people in Tayside were taken to court over their failure to pay private charges, have been hailed as an “important milestone in the campaign for fairer parking charges”.
In the ‘It’s not fine’ report, Mr Lindsay argues motorists should be able to adequately read signs detailing the contract to park on private land before they park.
If the signage is unreadable before parking, Mr Lindsay argues, the contract is invalid and therefore the fine is unenforceable.
The QC also argues that the fine can only be enforceable if it can be proven to be a “genuine pre-estimate of loss” incurred by the company.
Mr Lindsay believes the £100 or more demanded by some companies does not meet this threshold.
CAS Head of Policy Susan McPhee said: “In recent years we have seen a huge increase in the numbers of Scots seeking advice after being charged unfairly by private car parks.
“It is one of the most common consumer issues that we see.
“Last year we launched a major campaign to highlight the issues and to urge people to fight unfair charges.
“However the problem was that the legal situation has ways been unclear in Scotland, because it has never been defined. So that’s why we commissioned a formal legal opinion.
“Now for the first time ever in Scotland, we have that legal opinion.
“And it states clearly that people can challenge private parking fees on two specific grounds: the size of the charge and whether the charges were adequately displayed in the car park.
“This is an important milestone in the campaign for fairer parking charges in Scotland.
“Legally, consumers now have a clear guide to how they can get redress for unfair treatment, and car parking firms know exactly what they are required to do in managing their business fairly and legally.”
The CAS said the number of people coming to the group with a private parking issue has increased by 45% in the last year.