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PostPosted: Mon Apr 03, 2017 8:19 pm 
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OUCH

A woman has been ordered by a sheriff to pay a private parking company £24,500 in unpaid charges.
Carly Mackie ignored hundreds of parking tickets for leaving her car at Dundee's Waterfront without a permit, claiming they were unenforceable.
Ms Mackie said that she had a right to park in the area as she was living there at the time.
Sheriff George Way said the charges were from a "valid contract" and she was liable for them.
Vehicle Control Services (VCS) took the 28-year-old to court last year after she failed to pay £18,500 in private parking notices.
She had been living at a flat with her stepfather, who was a tenant and had a garage at the property.
Sheriff Way said Ms Mackie had parked outside the garage and would not accept the offer of a parking permit for a space nearby for £40 per month.
'Entirely misdirected'
In a written judgement, Sheriff Way said: "She admits she parked without a permit, on the property that the pursuers were contracted to protect.
"She had no better right or title to do so than any other interloper or stranger no matter what her belief might be."
What does the law say?
Parking tickets issued by private companies in private car parks are not fines, they can be classed as parking charge notices.
This is different from Penalty Charge Notices which are issued by council traffic wardens and the police. These are regulated fines, backed by legislation.
Private landowners and car parking firms do not have the power to issue Penalty Charge Notices
However, by parking in a restricted private area, a motorist can be considered to be agreeing to a contract with the landowner or car park operator, provided there is adequate signage warning of the charge.
Failing to pay can be seen as a breach of contract and the car parking firm can take the motorist to court to recover their losses.
The sheriff said Ms Mackie had "entirely misdirected herself" on both the law and "the contractual chain" in the case.
He said: "The defender is bound by that contract and incurred the parking charge on each occasion.
"The defender refused to pay the parking charges not because she was unaware of the parking scheme or the terms of the notices or the financial consequences of parking at any time, but because she did not believe that the charges were valid in law.
"The parking charges flow from a valid contract between the pursuers and the defender and she is liable for them."

:-({|= :-({|= :-({|= :-({|= :lol: :lol:

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PostPosted: Mon Apr 03, 2017 8:43 pm 
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1 is an accident, 2 is something else

£24,000 is what she deserves

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PostPosted: Mon Apr 03, 2017 10:05 pm 
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And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid


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PostPosted: Tue Apr 04, 2017 5:41 am 
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skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid

Can you be jailed for a civil debt?

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PostPosted: Tue Apr 04, 2017 7:55 am 
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skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid



Can't pay ? They'll take it away!


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PostPosted: Tue Apr 04, 2017 11:16 am 
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x-ray wrote:
skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid



Can't pay ? They'll take it away!



that would teach her to be so arrogant :lol:

BUT would you want the likes of her in the back of your cab

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PostPosted: Tue Apr 04, 2017 11:21 am 
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grandad wrote:
skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid

Can you be jailed for a civil debt?


I believe not however

1st up is a CCJ, then a high court writ and the Sherriffs

The threat of seizure og car/goods is a start but for many a charging order on a house or bankruptcy is a bigger threat

does she look skint?

she didnt contest ANY of the tickets

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PostPosted: Tue Apr 04, 2017 5:33 pm 
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wannabeeahack wrote:
grandad wrote:
skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid

Can you be jailed for a civil debt?


I believe not however

1st up is a CCJ, then a high court writ and the Sherriffs

The threat of seizure og car/goods is a start but for many a charging order on a house or bankruptcy is a bigger threat

does she look skint?

she didnt contest ANY of the tickets


They can only remove what belongs to her, the house could be rented or mortgaged, the car could belong to the finance company, she might not have any savings


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PostPosted: Tue Apr 04, 2017 7:55 pm 
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They will just make her Bankrupt..

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PostPosted: Wed Apr 05, 2017 11:19 am 
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skippy41 wrote:

They can only remove what belongs to her, the house could be rented or mortgaged, the car could belong to the finance company, she might not have any savings


A charging order can be put on a mortgaged property, it means anything left after a sale pays the CO.

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PostPosted: Wed Apr 05, 2017 11:21 am 
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MR T wrote:
They will just make her Bankrupt..



used to be anyone owing over £750 could be made bankrupt, however they will never see any money that way, its a viable threat if BR means she could lose her job

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PostPosted: Wed Apr 05, 2017 9:05 pm 
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skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid

You don't go to jail for a civil debt you numpty. #-o

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PostPosted: Wed Apr 05, 2017 10:21 pm 
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Sussex wrote:
skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid

You don't go to jail for a civil debt you numpty. #-o


Hes been watching Poldark

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PostPosted: Thu Apr 06, 2017 8:45 pm 
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wannabeeahack wrote:
Sussex wrote:
skippy41 wrote:
And if she doesn't have the money to pay, what can they do, except a short jail term, and they still won't get paid

You don't go to jail for a civil debt you numpty. #-o


Hes been watching Poldark

Had a rethink, unless its a council tax debt.

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PostPosted: Fri Apr 07, 2017 8:14 am 
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Quote:
Had a rethink, unless its a council tax debt.


Doesn't apply in Scotland


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