Yellow lines, private land, Scottish law?
Yellow lines, private land, Scottish law?
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RedTeg

Original Poster:

2,127 posts

301 months

Friday 14th February 2003
quotequote all
At my work (University of Edinburgh) parking at the moment ain't great due to building works .etc. Therefore sometimes people are forced to park on some double yellows for which they then get a ticket.

So are double yellows enforcable on (Scottish) private roads?

A work mate recently got a letter to his home demanding payment for some accumulated tickets. His works parking permit is issued to the department not the individual so apparantly they got to him through his car reg and the DVLA which sounds iffie to me.

JohnL

1,763 posts

285 months

Saturday 15th February 2003
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I'm sure that on private land they can't "fine" you for anything, that's a prerogative of the court. I've always binned the ones I've got from Edinburgh Uni

I've often though that this should apply to bank penalty charges as well

I'd tell them to p1ss off, but maybe a solicitor would tell you better for the price of a pint or 20.

bobthebench

398 posts

283 months

Saturday 15th February 2003
quotequote all

At my work (University of Edinburgh) parking at the moment ain't great due to building works .etc. Therefore sometimes people are forced to park on some double yellows for which they then get a ticket.

So are double yellows enforcable on (Scottish) private roads?

A work mate recently got a letter to his home demanding payment for some accumulated tickets. His works parking permit is issued to the department not the individual so apparantly they got to him through his car reg and the DVLA which sounds iffie to me.



This is the latest variant on the scam of wheel clamping following a case involving, coincidentally - Edin Uni. These are NOT FINES, but requests for payment under an alleged contract you have entered into with the landowner. Remember it - didn't think so.
They used to wheel clamp until the private contractor was prosecuted and convicted of extortion ( If I knew how to insert wee rows of jumping icons I would )

The scam works by putting up signs to the effect "No parking - anyone who does will be charged £50". If you then park, you agree to the charge.

If they want the money, they need a court order, from a civil court, so summons to you , chance to defend etc. Not worth it for less than £200 unless open and shut.

My view is to wind up the little shites as much as possible. They can get DVLA details easily and cheaply, but what's to say the registered keeper was driving the car at the time, see the contractual notice and thought "What a bargain, I'll park here."

Depends really how active you want to be. Have they written to the registered keeper asking who was driving, a la NIP, or just demanding payment. The former is optional - tell them to sod off and go pro-create. The latter is very probable breach of their data protection registration and borderline extortion (really) - could be worth pointing this out to them.

At the end of the day, anybody can paint lines on their own private property, and sue for deprivation of use of that property by illegal parking. But they must sue in a civil court, and the right person. The compenssation must be reasonably reflective of their loss.

The bottom line is you have a moral obligation to muck them about as much as they muck others about - it's in the bible - do unto others ..... Equally you can just ignore, worse your likely to get is a debt collection agency letter, or rarely a visit. If you do, pass any letter to the fiscal, and report any visitors to the Police.

JohnL

1,763 posts

285 months

Saturday 15th February 2003
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If you get a letter from a debt collection agency, threatening sheriff officers to come and take your TV etc, and you think they are wrong and you don't owe them anything, at what point can you/should you tell them where to shove it?

If the sheriff officers actually turn up can you refuse them entry or do have to have had them called off before they get there? Am I confusing terminology, too?

This arose at one point when my wife got a letter from a mail order company, saying you owe us £73 or so, and we're sending round some goons to nick your stereo unless you cough up. And in the same post she got a letter from them saying we have recived a cheque from you for £73 or so, but we don't have a reord of you owing us this ... eh?