Scotland — No contract under Requirements of Writing (Scotland) Act 1995
Requirements of Writing (Scotland) Act 1995 s.1(2) and s.2 require certain contracts to be in writing AND subscribed by the party to be bound. Most parking 'contracts' on private land in Scotland are formed (per Beavis) by performance — driver enters site, sees signage, parks, contract formed. But where the operator alleges the contract is for a sum exceeding the parking charge displayed (e.g., signage says £100, demand letter says £170 with admin fees), the additional sum is not part of the alleged contract and cannot be recovered. Further, in Scots law the doctrine of 'invitation to treat' is strict — a sign on private land is generally not an offer but an invitation to treat unless very clearly worded. If the offer was not made out clearly enough for a reasonable driver to accept, no contract exists. Scots contract law requires consensus in idem (meeting of minds) on essential terms — uncertainty about price is fatal.
Legal basis
Requirements of Writing (Scotland) Act 1995 s.1, s.2; Scots common law of contract (consensus in idem); Hunter v General Accident [1909] AC 404 (invitation to treat)
How to identify this in your case
Demand letter charges sum greater than that displayed on signs; signs ambiguous about who is liable, what triggers a charge, or what the charge is.
Sample appeal wording
Dear [OPERATOR], Re: Parking Charge Notice [PCN_NUMBER] I deny the existence of any contract between us. In Scots law a contract requires consensus in idem on essential terms (W.W. McBryde, The Law of Contract in Scotland (3rd ed) para 5.04). The signage on the relevant land: — [does not specify the precise amount of any charge / specifies £[X] but you now demand £[Y] / does not state who is liable to pay / does not state what triggers the charge]. In addition, a notice on private land in Scotland is generally an invitation to treat, not an offer (Hunter v General Accident; W.W. McBryde para 5.20). It does not become an offer unless its terms are sufficiently certain that a reasonable driver could accept by performance. Your signage falls short. Even if a contract were formed, the additional 'admin/recovery' fees you have added were not part of any displayed offer and cannot be recovered as contractual consideration. They also fall foul of s.62 Consumer Rights Act 2015 (unfair terms) and Schedule 2 paras 6 and 10 (penalty disguised as charge). Please withdraw this demand. If you raise proceedings I will defend on the above grounds in the Sheriff Court Simple Procedure and seek expenses. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Requirements of Writing (Scotland) Act 1995
- Hunter v General Accident [1909] AC 404
- McBryde, Law of Contract in Scotland