4 replies to this topic

[Orlov20]

Ladies/Gents, I remember reading a topic a while back about the above and don't know where to find it? Anyone post the link to it?

thanks!

[Burnsy2023]

Well I assume that they are the same as in E&W and thus being pretty much impossible to enforce?

[CmdKeen]

Let me sum it up for you, there were a few legal arguments along with everyone being reminded private clamping is illegal in Scotland.

Then it ended up with it being agreed that the expressed contract is if you park there you must pay or you will end up paying penalty x. If you feel the signage was misleading, unclear or missing, or that you were not in breach then you might have a case. But it is a civil matter, and remember they don't work on proving beyond all reasonable doubt.

Then you are in the position of a court ordered debt - and Burnsy, I was under the impression that balliffs in England did pretty well at obtaining those monies and costs on all but the poorest...

[Burnsy2023]

Then it ended up with it being agreed that the expressed contract is if you park there you must pay or you will end up paying penalty x.

Penalties are not enforceable in English contracts, only compensation for losses. So if a private car park contractor could prove there was a contract in existence (not easy) the court would only order loss of earnings, which would equate to the original cost of a ticket.

[alicameron]

Ladies/Gents, I remember reading a topic a while back about the above and don't know where to find it? Anyone post the link to it?

thanks!

http://www.policespe...1