An English company accused of sending ‘unenforceable’ parking tickets to Scottish motorists was cleared of fraud today in a landmark legal case.
Civil Enforcement Ltd went on trial after handing out fines to vehicle owners who had supposedly spent too long in private car parks in Aberdeenshire.
Prosecutors claimed that over a nine month period the firm sent ‘civil penalty charges’ in full knowledge that the legislation cited on the paperwork was not valid in Scotland.
Civil Enforcement was alleged to have demanded payment under the Protection of Freedoms Act 2012 – which only covers the recovery of unpaid parking charges south of the border.
But at the close of the Crown case today defence advocate Craig Findlater made a no case to answer submission, claiming there was an “insufficiency of evidence” on the alleged use of legislation.
Mr Findlater also argued that there was a lack of corroboration from other witnesses who appeared during the two-day trial.
And he submitted that some of the allegations “had no evidence whatsoever” to back them up, as the people mentioned in certain charges were not put on the stand during the trial.
Sheriff Edward Savage ruled in favour of upholding the submission and found Civil Enforcement not guilty of all charges.
He ruled that the prosecution had failed to ascertain the contents of the penalty charge notices.
The sheriff said: “For the Crown to establish the documents they would have to be spoken to.
“This the Crown did not do and accordingly I uphold the submission. We have no evidence other than that a document was sent.”
Civil Enforcement was accused of 11 charges relating to consumer protection from unfair trading and one charge of running a fraudulent scheme.
The Crown claimed that between December 2013 and August 2014 the firm demanded payment from several people who used car parks, in Kemnay, Kintore and Inverurie.
The court heard from several witnesses who were sent letters demanding payment after using two car parks in Inverurie.
The witnesses said they had not paid the penalty notices after taking advice from Trading Standards.
Some were later issued with letters cancelling the penalty after proving that they had used the car park twice in the same day but within the approved time limits.
Last year the Citizens Advice Scotland (CAS) dealt with more than 3,000 people who sought advice regarding private parking charges.
A spokeswoman said: “Citizens Advice Scotland has continued to work with industry and Scottish Government representatives to look at improving the clarity of what parking charges and terms apply in car parks and how drivers can appeal against unfair charges. “In July 2015 we published a legal opinion on the use of parking charges in Scotland to increase clarity around the practices of the industry, and to ensure consumers are able to understand their rights.
“CAS has worked closely with Trading Standards Scotland who have assisted local Trading Standards officers to take enforcement action against some operators who breach legislation through unclear terms. This has included achieving refunds to consumers who received unenforceable charges.”
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