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Do I need to pay this parking charge in Scotland ?

Posted by KobiMay@reddit | AskUK | View on Reddit | 16 comments

Do I need to pay this parking charge in Scotland ?
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16 Comments

PolarLocalCallingSvc@reddit

Shred it. Do not under any circumstances reply stating who was driving. The moment you do this, the moment they'll be able to actually enforce it. In Scotland (and Northern Ireland) there is no registered keeper liability for drivers who breach contracts. If they don't know who was driving, they can't enforce a breach of contract.
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jakhog1@reddit

Sound advice, think you know the process OP, ignore, ignore , ignore.
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Substantial-Fox-6764@reddit

Under what circumstances would you be exempt?
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Jesterstear99@reddit

The Law is different in ***Scotland*** to England. *In Scotland* they can only bill the driver. If they can't prove who the driver is, there is no-one to take to Court to get a judgement against. If they try it with the keeper, the defence is that they are not responsible for the debt as they were not the driver. In England they are allowed to hold the keeper responsible and take them to Court if necessary.
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KobiMay@reddit (OP)

I was under the impression that some car parks (Aldi) that the fine wasn’t enforceable from Aldi or the agency that wrote our to me
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jakhog1@reddit

Completely ignore and do not engage one bit with them, I have had numerous parking charges over the years from private companies and have not been taking to court once, the letters will get more threatening as time passes it that’s just to scare you into paying, they will eventually give up and this has been the process for me every time, the only parking fines I would pay are from the police or council, ignore and delete this post, nothing to worry about
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KobiMay@reddit (OP)

I was under the impression that some car parks (Aldi) that the fine wasn’t enforceable from Aldi or the agency that wrote our to me
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jakhog1@reddit

Not enforceable in Scotland, the key is to never engage and they also have to prove that you were the driver, you are good
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KobiMay@reddit (OP)

Thanks
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jakhog1@reddit

No problem, I was like this the first time I got a letter and was given this advice I am now passing on, fire it straight into the bin
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EvilTaffyapple@reddit

Of course you need to pay it. Why wouldn’t you?
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PolarLocalCallingSvc@reddit

Because in Scotland, the Protection of Freedoms Act does not apply. This legislation allows the registered keeper to be held liable for breaches of contracts made by drivers of vehicles the RK is RK for. This means that unless Lidl (or the parking company they employ) can prove who was driving, they have nobody to hold to account. This is different to England & Wales where the registered keeper can be held liable for the breaches of contract regardless of who was driving. In Scotland, unless it's a council car park, you can bin these letters and nothing will happen. If you do it often enough in the same car park then the car park management company may go through the effort of trying to identify the driver or even speculatively file a claim against the RK on the assumption they were the driver, because that's a fair financial risk to take. But for a one off offence, just bin it.
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mk6971@reddit

Noy unless you want to end up with a CCJ or the bailiffs coming around.
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PolarLocalCallingSvc@reddit

CCJs don't exist in Scotland. You won't get court bailiffs round for this in Scotland. There is no registered keeper liability in Scotland. Whatever your experience in England and Wales might be, it does not apply to Scotland (or Northern Ireland) as we do not have registered keeper liability for breach of contract.
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KobiMay@reddit (OP)

Thanks
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