Frequently Asked Questions - Parking Charge

In Scotland, DCB Legal Ltd is undertaking an active review of outstanding private parking charge cases. As part of this process, they will assess whether any matter should be referred to a Scottish law firm to consider proceedings in the Sheriff Court under the Simple Procedure.

As part of this Scottish review process, EP Financial Solutions (EPFS) has been engaged to make contact before DCB Legal Ltd completes its assessment. Our role is not to take legal action, make decisions about court proceedings, or apply pressure. Instead, we are here to explain why contact is being made now, understand your circumstances, and ensure that all reasonable and appropriate options to support you have been fully explored.

We specialise in supporting customers who may be experiencing financial difficulty. Our focus is on helping to agree affordable and sustainable solutions where possible, with the aim of resolving matters without unnecessary escalation.

We encourage you to contact us as soon as possible. Early engagement allows your situation to be properly considered before DCB Legal Ltd completes its Scottish case assessment. We do not charge interest or additional fees to customers for our involvement.

The debt relates to a private parking charge issued because a vehicle was parked in breach of the terms and conditions displayed at the site. These terms form a contract when a vehicle is parked on private land. When the terms are not complied with, a parking charge becomes payable and, if unpaid, results in a debt.

The parking operator issued a parking charge following the parking event. As the charge was not paid within the required timeframe, the outstanding balance has progressed and is now being pursued as a debt.

If we are unable to agree a resolution, the case will be returned to DCB Legal Ltd. They will then assess whether to refer the matter to a Scottish law firm to consider raising proceedings in the Sheriff Court under the Simple Procedure. Our role is to resolve the debt, ensuring affordability, without unnecessary escalation.

We understand that circumstances change. We will never ask you to pay more than you can afford. Where appropriate, we can discuss affordable, interest-free payment arrangements based on your situation.

If a claim is issued and a decree (judgment) is granted, additional court fees, costs and judicial interest may be added. Enforcement options available under Scots law can include:

• Earnings arrestment (wage deductions);
• Bank account arrestment;
• Attachment of property; or
• Inhibition over heritable property.

Please contact us as soon as possible. If you believe the debt is not owed, we can review the information with the parking operator or DCB Legal Ltd.

Getting in touch early allows us to explore resolution options and may help prevent the case from being returned to DCB Legal Ltd for further action. While escalation decisions ultimately sit with the parking operator and their solicitors, engagement keeps options open. While the case remains with EPFS, no legal action will be taken as our role is to understand your circumstances and agree to an affordable solution.

We are instructed to contact you for a limited period. If we are unable to make progress during that time, the case may be returned to DCB Legal Ltd for next steps. We recommend contacting us as soon as possible to avoid reduced options.

If the matter progresses to legal action and a court decree is granted, additional court fees, costs, and judicial interest may be added.

We understand circumstances can change. If you are experiencing financial difficulty or other challenges, contact us so we can discuss appropriate options and support.

There are free, helpful organisations that can guide you towards making the best decisions based on your circumstances. EPFS partner with StepChange – click here for a FREE money health check.

DCB Legal Ltd client provides parking on private land on behalf of landowners. Under an agreement between the relevant parties, the client, referred to as the creditor, is responsible for monitoring the land and ensuring that motorists comply with the terms and conditions of parking.

These terms and conditions are clearly displayed on signage located on the land and form the basis of a contract with the driver of any vehicle that enters the site. If a motorist fails to comply with the terms and conditions shown on the signage, this constitutes a breach of contract and a Parking Charge may be issued.

Examples of how the terms and conditions may be breached include:

• Parking for longer than the maximum period permitted
• Failure to display a valid permit or Pay and Display ticket
• Parking in a restricted area where parking is not permitted
• Parking on land reserved for customers of local businesses when you were not a customer at the time
• Failure to display a valid disabled badge when parked in a disabled bay
• Failure to park within a designated bay or parking space

This list is not exhaustive and may not include the specific contravention for which your Parking Charge was issued.

Where the terms and conditions of parking require a valid ticket or permit, it must be clearly displayed in the vehicle windscreen so it can be checked by parking attendants.

If a ticket or permit is not clearly visible at the time of inspection, attendants cannot confirm that one has been obtained. Even if a valid ticket or permit was purchased, failure to display it correctly still constitutes a breach of the parking terms, and a Parking Charge may be issued.

In Scotland, a creditor has a period of five years to pursue payment of a private parking charge. This is known as the prescription period. Court proceedings are considered a last resort and only after reasonable attempts have been made to resolve the matter. EP Financial Solutions has now been engaged at this stage to make contact, explain the position, and ensure that all reasonable and appropriate options to resolve the matter have been fully explored.

If the terms of parking required you to purchase a valid Pay and Display ticket and there was a fault with the machine, a contact telephone number would have been displayed on the machine to report the issue. Some car parks also provide the option to pay online.

Where it was not possible to purchase a ticket using the available methods, parking elsewhere would have avoided the Parking Charge being issued.

Parking Charges are typically issued in one of two ways. If the site is monitored by patrol officers, a Parking Charge may have been affixed to the vehicle at the time of the contravention, usually on the windscreen or a side window. If no payment is received, the creditor may later request the registered keeper’s details from the DVLA and issue a Notice of Parking Charge by post to the address provided.

Alternatively, some sites are monitored using Automatic Number Plate Recognition (ANPR) or CCTV. In these cases, the Parking Charge is issued by post after the creditor obtains the registered keeper’s details from the DVLA. Parking Charges are sent to the address held by the DVLA, so if your address details were not up to date, you may not have received the original notice.

The Notice would have been sent to the registered keeper of the vehicle. The Notice explains that, if the recipient was not the driver at the time of the parking event, they were required to confirm the driver’s name and address and pass the Notice to them.

If no alternative driver was identified at that stage, the registered keeper will be treated as the responsible party and pursued for payment.

The terms and conditions of parking explain that a Parking Charge may be issued where there is a breach of those terms. The charge is usually £100 and payable within 28 days, with a reduced amount, typically £60, available if payment is made within 14 days. As payment was not received within either timeframe, the creditor may have added reasonable costs of pursuing the balance.