PEOPLE who are charged unfairly by private car parks have grounds for legal challenge, according to new research by consumer campaigners.
Citizens Advice Scotland (CAS) has found that many people living in Scotland are being charged large sums for short over-stays in private car parks.
It also found that private car parks often do not have clear signage setting out fees, and that firms were "using aggressive and misleading tactics when pursuing debts".
CAS have been running a campaign called It's Not Fine to highlight the issue and it is now publishing legal opinion that says drivers can challenge tickets issued by private car parks.
CAS wanted to take steps to clarify the law in Scotland around private parking charges and has commissioned Mark Lindsay QC to provide a legal opinion on the Scots Law position.
Susan McPhee, head of policy, 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.
"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."
She said the legal opinion states clearly that people can challenge private parking fees on two grounds - the size of the charge and whether the charges were adequately displayed in the car bark.
Ms McPhee added: "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 number of people coming into a Scottish Citizens Advice Bureau with a private parking issue has increased by 45 per cent in the last year.
By March this year, 25,000 people had sought advice on the issue.
CAS said they have seen drivers charged up to £200 for outstaying allotted time limits by half an hour.
The CAS has been campaigning on the issue because of "unclear terms and signage", "punitively high charges for small infractions", "lack of adequate appeal methods that take into account mitigating circumstances" and "aggressive and misleading debt collection practices."
Those who do not pay the charges often receive repeated letters from car park operators, many of which have references to rules and processes that do not apply in Scotland, such as County Court Judgements and the use of bailiffs.
Private car parks include those outside supermarkets and shopping centres.
In one case study, in the east of Scotland, a driver received a parking charge through the post which states she stayed 28 minutes over the allowed free time of the car park.
The client was not aware that the car park had restrictions as she has parked there before for even longer with no issue.
The parking charge demand is for £120 and she has been receiving threatening letters from solicitors who state if she does not pay she faces County Court Judgements - these are in fact not applicable in Scotland.
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