change of signage Scotland

AberdeenTyke

I noticed that recently Civil Enforcement have amended the signage at a retail park in Aberdeen from '3 hours £140/ reduced to £70 if paid within 14 days' to '£100 flat fee/no reduction'. Is this because the original "fine" was way over the BPA guidelines or have their (BPA) own guidelines increased to £150? Either way the "fine" is unenforceable up here. It's a bodge job and the amendments have been stuck over the original signs. I am curious as i wondered if there had been a court test case in Scotland with this lot, and they have accordingly amended.

Redx

dont think those BPA issues apply in scotland so if I am right then its got nothing to do with the BPA , but check section C of their pdf for clarification

4consumerrights

The BPA's COP is a farce regarding the amounts of parking charges allowed. On the one hand (as per contract law) they state that the sum must represent a genuine pre-estimate of loss for any alleged breach BUT then in contradiction go on to say that this sum must not exceed £100. They further state that any amount exceeding the £100 must be agreed to beforehand.

Considering the POPLA have ruled repeatedly that this sum is not enforceable as it does not represent a GPEOL - proves the point further. The BPA also appear to have difficulty in understanding what the legalities are regarding GPEOL for an alleged breach (which can only be claimed directly in response to that event) and what are business running costs many of which are tax deductible. Also there have recently been two court cases won against PE regarding the same matter.

Civil Enforcement have been bought to book several times with parking charges exceeding the "permitted" £100. They are further in breach by what you describe above by not offering an early discount payment.


The laws regarding parking charges in Scotland have not changed and there is currently still no keeper liability.

Umkomaas

And the further dichotomy is if they can only charge GPEOL as per the CoP (genuine loss), how on earth can they then offer a minimum of a 40% discount for early settlement?

Short road to bankruptcy!

4consumerrights

Umkomaas wrote: »

And the further dichotomy is if they can only charge GPEOL as per the CoP (genuine loss), how on earth can they then offer a minimum of a 40% discount for early settlement?

Short road to bankruptcy!

Which is why the merry-go-round cycle continues to turn a blind eye to proceedings.


Short road to bankruptcy- the sooner the better.

Coupon-mad

AberdeenTyke wrote: »

I noticed that recently Civil Enforcement have amended the signage at a retail park in Aberdeen from '3 hours £140/ reduced to £70 if paid within 14 days' to '£100 flat fee/no reduction'. Is this because the original "fine" was way over the BPA guidelines or have their (BPA) own guidelines increased to £150? Either way the "fine" is unenforceable up here. It's a bodge job and the amendments have been stuck over the original signs. I am curious as i wondered if there had been a court test case in Scotland with this lot, and they have accordingly amended.

Glad to see you know the 'fine' is unenforceable twaddle and not to respond. In Scotland & NI the advice is to ignore private parking tickets and there has been no 'test case', it's simply that CEL were told by the BPA Ltd. to 'toe the party line' a bit by reducing their charges to £100. And yet to the informed, the charge is zero anyway!