Courier takes legal advice for Scotland

AltheHibby

http://www.thecourier.co.uk/news/scotland/top-legal-mind-says-private-car-parking-charges-can-be-challenged-1.890726

They still use the "f" word.

bazster

Possibly all a bit premature. The Supreme Court is the Supreme Court for the UK, so whatever gets decided in Beavis applies to Scotland too.

Umkomaas

Now for the first time ever in Scotland, we have that legal opinion.

“And it states clearly that people can challenge private parking fees on two specific grounds: the size of the charge and whether the charges were adequately displayed in the car park.

That's nothing other than what we already knew.

The QC also argues that the fine can only be enforceable if it can be proven to be a “genuine pre-estimate of loss” incurred by the company.

Mr Lindsay believes the £100 or more demanded by some companies does not meet this threshold.

Mentioned in the article's preamble, but nothing in the summation. Why not include this as a third specific ground (notwithstanding Beavis, which they either seem unaware of, or deem it in sufficiently important to cross reference)?

I wonder what all that cost them? Any of the regulars could have explained it gratis!

AltheHibby

True, bAzter, but they still have no POFA here, and that's a big obstacle.

waamo

Here is the publication from CAS

http://www.cas.org.uk/system/files/publications/private_parking_legal_opinion.pdf

peter_the_piper

Be nice if he put his money where his mouth is and represent someone freebie, at a suitable case of course.

waamo

I've had a read and am still of the opinion ignoring is the best course of action in Scotland.

Iceweasel

waamo wrote: »

I've had a read and am still of the opinion ignoring is the best course of action in Scotland.

I agree completely.