Unfair or excessive private parking charge in Scotland
If you received a private parking charge in Scotland, the charge must be fair and not wildly out of proportion to any real loss the landowner or parking company actually suffered. Scottish courts can strike out contract terms that are one-sided or unreasonable, and Scottish sheriffs have been willing to scrutinise parking charges that look more like a punishment than a genuine reflection of loss. If the charge bears no relation to the harm caused, it may be unenforceable.
Legal basis
Consumer Rights Act 2015 ss.62-64; Scots common law on penalty clauses (Gordon v Indiegogo / Cavendish Square principles applied in Scotland)
How to identify this in your case
This may apply to you if: your charge was issued by a private parking company (not a council) in Scotland, and the amount demanded — for example £100 for parking in an empty car park — seems wildly out of proportion to any real loss the company could have suffered. The key question is whether the charge is a genuine attempt to recover actual loss, or simply a deterrent penalty designed to punish you.
Sample appeal wording
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- Consumer Rights Act 2015
- Cavendish Square Holding BV v Makdessi [2015] UKSC 67
Related appeal grounds
- Added 'Debt Recovery' Fee Over £70 — Or Added Before the Charge Was Even Overdue
- Alabama Deceptive Trade Practices Act vs. Predatory Private Operator
- Alaska Consumer Protection Act Treble Damages vs. Private Operators
- Arkansas Deceptive Trade Practices Act vs. Predatory Private Operator
- Chapter 93A Demand Against Private Parking Operator
- Colorado Consumer Protection Act (CRS 6-1-105) — Private Parking Invoice Challenge