Ignore Private Parking Charges at Your Peril
A recent decision of Sherrif Way at Dundee Sheriff Court has received widespread media attention today. The case of Vehicle Control Services Limited v Carly Mackie involved parking at a residential development in Dundee.
Paul Fairbridge of Oracle Law Limited acted for Vehicle Control Services in the case. He said “it is unfortunate that the defender appears to have fallen victim to particularly bad advice which is widely circulated on consumer forums that these contracts are ‘unenforceable’. The contractual position is simple and parking charges for parking on private land are most definitely enforceable. This case proves a stark warning to motorists who choose to ignore private parking charges. Unfortunately the defender in this case does not appear to have taken legal advice until it was too late.”
The defender had parked her vehicle on a daily basis in contravention of the terms and conditions associated with parking within the development. Vehicle Control Services managed the car park and repeatedly asked the defender to obtain a permit or park elsewhere. The defender refused and incurred 245 parking charge notices over a period of 18 months.