Thousands of drivers fear being hounded into court by private parking enforcers emboldened by a sheriff who has ordered a woman to pay £24,500 in parking fines.
Carly Mackie, 28, ignored the almost-daily parking charges issued outside her mother’s Dundee waterfront home as she believed the tickets were unenforceable in Scotland.
But private firm Vehicle Control Services took her to court last year when she racked up a £18,500 bill - plus interest - for ignoring more than 200 penalties.
Sheriff George Way ruled that Mackie “knew perfectly well what the signs displayed and that she was parking in breach of the conditions” and ordered her to pay up.
It is thought to be the biggest ever parking fine in the UK, and the first time a Scottish court has ruled on a dispute between a private parking firm and a member of the public.
Lawyers say the ruling could open the floodgates on further claims - putting thousands of drivers in the firing line of private enforcers.
In the last nine months alone, Citizens Advice Scotland has advised 1,763 new cases related to private parking — a four per cent increase on the previous year.
Citizens Advice Scotland’s policy manager Keith Dryburgh said: “Over the last few years the Scottish CAB service has seen a big increase in the numbers of people who have received unfair or disproportionate charges from private parking companies.
“That’s why we launched our It’s Not Fine campaign, to set out what peoples’ rights are, and encourage them to challenge any charges they believe have been applied unfairly.”
Conservative MSP Murdo Fraser is drafting a members bill - which he says has the backing of Transport Minister Humza Yousaf - to crack down on the “private parking cowboys”.
Mr Fraser says he has received hundreds of letters and emails from honest drivers hammered for “minor infringements” in Perth.
He said: “It’s time to bring in clearer and tighter regulations that ensure that parking is fair and transparent.”
The industry is notoriously unregulated and subject to different conditions throughout the country.
Edinburgh Council actually states that private parking enforcement is illegal in the city, in a ruling that has yet to be tested in court.
The city’s parking standards guidance states: “When a parking space forms part of a road, whether public or private, only the Roads Authority has the legal right to control the parking space and private enforcement is illegal.”
But one parking company, Parking Eye, is quoting the Dundee case on its website as proof that penalties are enforceable in Scotland.
Lawyer Chris Buchanan of Glasgow firm Scullion LAW said the Dundee Sheriff Court hearing was a landmark case that set a legal precedent.
He said: "The worry here is does this open a floodgate? Do [parking companies] then rely on this precedent to take more to court?"
Vehicle Control Services said: “The terms and conditions are clearly displayed on prominent signs around the site. It is therefore not unreasonable to expect motorists to adhere to these.”
Debt Recovery Plus Ltd, which acted on behalf of the parking company, said: "As some people in Scotland believe that parking charges are unenforceable (despite the landmark 2015 Supreme Court judgement ruling in favour of a parking operator) a record number of court cases are now being pursued in Scotland.
"We are happy to work with any Scottish motorist experiencing financial difficulties who would like to make a payment arrangement to settle historic charges before court action is taken."
A Scottish Government spokesman said: “The public is concerned about the operations of some private parking companies. We are working with the industry and other interested parties, such as Citizens Advice Scotland, to develop a code of practice to be used by members of the British Parking Association and the Independent Parking Committee. The Code will look to standardise signage, the information provided to motorists about their rights and the operation of private car parks.
“Once this is implemented we will undertake a review after the first full year of operation to consider whether further action, which could include legislation, is necessary to provide fairness for motorists.”
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