Hermiston Gait Retail Park

[bazil]

Hi, anyone live near or passing Hermiston Gait Retail Park, Edinburgh. We’ve received a parking charge notice that we want to contest. We went to Tescos late at night whilst driving home from Scotland, bought some food and ate it before continuing south. The notice states we were there when the retail park was closed. I am 99% sure that I checked the signs nearby and there was no mention of a closed period. If anyone lives nearby or is passing, could they confirm, preferably with a photo. I know the ins and outs of just ignoring the notice, but if I am right I do want to appeal.

 

[mariesnowgoose]

Don't live anywhere near, but Google AI search results...

"You can park for free at Hermiston Gait for a maximum of 3.5 hours. However, there is a restriction that you cannot return to the car park within two hours of leaving. For longer stays, consider the nearby Hermiston Park and Ride, which is open 24 hours and allows parking for up to three nights without permission."

No mention of any "closed" period?

 

[mariesnowgoose]

Might be worth reading this thread from a year ago?

https://www.reddit.com/r/Edinburgh/comments/1dfmqtp/received_a_parking_charge_letter

 

[r4dent]

Looks like they close at 20:00 (Sun 18:00)

Hermiston Gait Retail Park - Car Park

Find parking charges, opening hours, postcode and a parking map of Hermiston Gait Retail Park Hermiston Gait as well as other car parks, street parking, pay and display, parking meters and private garages for rent in Edinburgh

en.parkopedia.co.uk

Prices​

Mon-Sat 07:00 - 20:00
Sun 09:00 - 18:00
Maximum stay3 hours, 30 minutes
Free

Opening Times​

Mon-Sat 07:00 - 20:00
Sun 09:00 - 18:00

 

[alcam]

Personally I would ignore them . I know , not everyone's way of doing things .
But , if you intend to appeal , do it now . Get any necessary evidence later .
Appeal on the grounds of insufficient signage (?) . Not necessarily the correct phrase but any parking app will be more accurate

 

[Geek]

Sitting in a vehicle is not parking

 

[YeoBlade]

This is getting more common, friend just got one for waiting, parking too early before Lidl opened in the morning £100.

 

[r4dent]

Sitting in a vehicle is not parking

Do you have a legal source for this sweeping statement, or is it just a personal opinion ?

 

[Boris7]

Send an email contesting the legitimacy of
1. The signage
2. The validity of the time
3. As a customer who used the store this is unacceptable, if the tetail park was closed, how were you able to shop.

Copy Tesco customer service in.

In the unlikely event they reply simply ignore them.

This is NOT a parking fine, this is a parking charge, if you don’t pay they will need to take you through the court system. In which case the burden falls on them NOT you.

 

[Boris7]

Parking charge notice Scotland

Hello, just wanting to check I have done all that I can do for now and if there is anything else anyone can advise.

forums.moneysavingexpert.com

 

[runnach]

I racked up a few hunner quids worth at Morrisons CP, which was next door to my then campus at Granton. While the college had parking, this was limited, take your car out to visit a stakeholder, return, barrier stays down as no space, next stop Morrisons.

I got the letters, I dinged the letters, not heard anything after say a year. This was pre 2013.

 

[Rumour]

Sitting in a vehicle is not parking

What is it then?

 

[Rumour]

Never ignore these letters! It used to be that it was the way to go, but since Parking Eye vs Beavis, that all changed. Most parking companies will now send a notice to you with threats, but those threats are real now. It is best to either appeal or pay the reduced rate if you know you are in the wrong. We always read the signage and take a picture for reference. This is one from earlier this year that I forgot to delete after a couple of weeks.

 

[alcam]

Never ignore these letters! It used to be that it was the way to go, but since Parking Eye vs Beavis, that all changed. Most parking companies will now send a notice to you with threats, but those threats are real now. It is best to either appeal or pay the reduced rate if you know you are in the wrong. We always read the signage and take a picture for reference. This is one from earlier this year that I forgot to delete after a couple of weeks.

Does this only apply to England and Wales ?

 

[Rumour]

I would say not, but this is good advice on the subject.

Parking Charge Notices

Parking Charge Notices are parking charges issued by private firms and should not be confused by Penalty Charge Notices. How much do you know about them?

www.advicescotland.com

 

[mariesnowgoose]

Never ignore these letters! It used to be that it was the way to go, but since Parking Eye vs Beavis, that all changed. Most parking companies will now send a notice to you with threats, but those threats are real now. It is best to either appeal or pay the reduced rate if you know you are in the wrong. We always read the signage and take a picture for reference. This is one from earlier this year that I forgot to delete after a couple of weeks.

That's just one specific case and will not apply in every other instance. It's not a one-size-fits-all legal precedent

They're still blood-sucking rentiers.

Each to their own, but I think I'll remain a rebel and challenge every one of them if I thought they were taking the pee - which many blummin' well do!

We'll be paying just to breath soon (sic).

 

[Robmac]

Does this only apply to England and Wales ?

It would appear that similar applies in Scotland;

The legal case Vehicle Control Services Ltd v Carly Mackie (2017) established that private parking charges are legally enforceable in Scotland, overturning the common belief that they were not. Carly Mackie was ordered by a sheriff to pay over £24,500 to VCS for unpaid parking charges at her Dundee residence, as she had failed to obtain a required parking permit and breached the terms of a valid contract indicated by prominent signs.

Background of the Case

• The Location:
  The dispute occurred at a new residential development in Dundee's Waterfront, where parking was managed by property factors and required permits for residents.
  
• The Incident:
  Carly Mackie, a resident, regularly parked in the car park without a permit, despite the availability of free permits for residents and prominent signage detailing the restrictions.
  
• The Charges:
  Vehicle Control Services Ltd (VCS), the parking management company, issued numerous parking charge notices to Ms. Mackie, which she ignored, leading to a total of £24,500 in accumulated charges.
  

The Legal Decision

• Breach of Contract:
  Sheriff George Way found that Ms. Mackie's act of parking in the car park constituted acceptance of a contract, the terms of which were clearly displayed on signs.
  
• Liability:
  Her refusal to obtain a permit and subsequent failure to pay the charges were seen as a breach of this contract, making her liable for the full amount.
  
• Enforceability:
  The ruling firmly established that private parking charges in Scotland are legally enforceable, setting a precedent and confirming the validity of the contract between the parking company and the motorist.
  

Outcome and Impact

• Payment: Ms. Mackie was ordered to pay the £24,500 to VCS.
  
• Sequestration: She was later declared bankrupt as a result of the debt, according to the BBC.
  
• End of a Myth: The case served to scotch the prevalent online myth that private parking fines were not enforceable in Scotland, as highlighted by the Law Society of Scotland.

 

[Robmac]

That's just one specific case and will not apply in every other instance. It's not a one-size-fits-all legal precedent

They're still blood-sucking rentiers.

Each to their own, but I think I'll remain a rebel and challenge every one of them if I thought they were taking the pee - which many blummin' well do!

We'll be paying just to breath soon (sic).

I think these cases have set a precedent Marie. Providing they outline the rules and explain that you have entered a contract BEFORE you enter the car park and NOT in tiny print then if you break those rules it looks like you haven't a leg to stand on.

But they know that cars stopping outside the car park to read all of these rules would create chaos and encourage motorists not to do so. It's the way of the world and big business I'm afraid.

 

[Rumour]

That's just one specific case and will not apply in every other instance. It's not a one-size-fits-all legal precedent

They're still blood-sucking rentiers.

Each to their own, but I think I'll remain a rebel and challenge every one of them if I thought they were taking the pee - which many blummin' well do!

We'll be paying just to breath soon (sic).

That one "specific case" set the precedence for the law! That is why it is not wise to ignore the letters now.

 

[alcam]

That one "specific case" set the precedence for the law! That is why it is not wise to ignore the letters now.

Looks like a very extreme case to be fair . Being a residents parking area probably difficult to argue that you weren't the driver ?
Not sure why someone would not get a free permit and then rack up a bill for nearly £25k .
In my experience the law doesn't appear to be applied for individual [normal?] cases . Certainly had 3 supermarket tickets in the last 2-3 years . Ignored them . One letter then no follow up '