Fine to park here? Private parking schemes in Scotland

A blog signpost, linking to a piece I have contributed to the Journal of the Law Society of Scotland. This piece considers the law surrounding parking your car on someone else’s land, and what that landowner (or an appointed agent) can do in response to (or in anticipation of) such parking.

I will let the piece speak for itself and not say much more about it here. What I will do is address a slightly different point, being a point that one correspondent with the Journal’s editor noted, as did a correspondent on Twitter when I shared the article

This is the point that someone trying to enforce a contract for car parking services will still have to identify the driver, because not being able to do that leaves no-one to pursue in court. In some cases this might not be an issue: it certainly was not a problem in relation to the defender in the Dundee Sheriff Court case that I cover in the article. It might well be more of an issue when there are not so many repeat occurences of uninvited parking. I acknowledge that this could present a hurdle in some circumstances, but that was not really what my note was about. My article covered (I hope) the contractual and land law aspects. If someone else wants to take up the enforcement side of matters, by all means do. Meanwhile, for anyone who would prefer a quick overview of the law and an idea of whether a notice might be successfully challenged, there are online resources available.

UPDATE 17 JULY 2017: Here is the letter in the July edition of the Journal.

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