I spoke to my son about this and he said any good lawyer would have advised her husband to 1st write to the council clearly explaining why he objected especially if he had mitigating circumstances that he wanted to be taken into consideration in his appeal, then should the appeal be unsuccessful he said that any good lawyer would advice paying any council issued ticket as the cost of losing is not worth the original cost of the parking ticket.
She is in her final year for a law degree and one would assume that she would have known the above and if not she should have did her homework before she decided to take on the bailiffs responsible for clamping her car who were more than likely working on behalf of the council in the first place.
Whereas parking on private on land is a total different ball game and totally different ruling applies in Scotland (well it did at the time when my son wrote to a parking company acting on behalf of B&M) I know this simply because a few years ago someone my son knows very well
received a parking fine when parking in the local B&M car park and our son wrote to them saying something along the lines of
To whom it may concern,
I am writing on behalf of Mr xxxxx about your recent correspondence dated xx/xx/xxxx. In Scotland I'm of the understanding that the onus is on the car park or parking company to prove that the contract was entered into and by whom entered into that contract (example who was driving the vehicle in question) until you can prove who was actually driving the car on said day and time, I have advised Mr xxxxx to await your reply regarding this.
I would be grateful if you could advice if this is not the case under Scottish Law and confirm what is the Law in Scotland in regards to this fine.
I would be obliged if you could supply further advice on this matter as requested and within a reasonable time-frame giving the demands and oppressive wording used in your letter, having said this please note that Scotland does not have Bailiffs it is of my opinion using the wording of Bailiffs can only be described as oppressive wording and misleading giving the fact that Scotland does not have Bailiffs.
It is also worth noting that Scotland opted out of the Protection of Freedoms Act 2012, which introduced keeper liability in England and Wales.
Therefore since the 2012 Act does not apply in Scotland, the registered keeper of a vehicle cannot be held liable for unpaid parking charges.
If Mr xxxxx is liable for these charges again please advise but it is worth noting that Mr xxxx was at his place of work with the radius being 15.7 miles away when this event took place if needed Mr xxxx can supply this evidence.
The letter was then signed without prejudice
I don't know if it was luck but shortly after this letter was sent the person in question received a letter from them stating that as a goodwill gesture they will not be proceeding matters any further and should now ignore the original letter reference xxxxxxx
Now should the company have insisted payment I can assure you it would have been paid in full no more questions asked, just not worth the risk adding legal costs to the fine imo.
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