breaking some traffic rules, for example going against a ‘no right turn’ sign or driving in a bus lane If you miss the deadline you might not get another chance to pay the lower amount, unless you can argue there was a good reason for missing it (e.g. If you are the Registered Keeper of a car but were not driving it at the time the fine was charged, you can argue that you are not liable for the fine. They can be legally enforced and it is these Firm’s business to do so. Normally, if you wrongly park somewhere it is the Police or Traffic Wardens that give you the ticket; or possibly a Local Authority Parking Attendant if you are in breach of local by laws. There has been incidents of private firms fraudulently tampering with photographic evidence and being banned by the DVLA from the Approved Operator’s Scheme, so stay alert. Don’t ignore the fines. First, whether they raise one action for all the debts, or separate actions for each fine. However, I would argue it is still worthwhile making them as, they may also be defences that could be made in front of a Judge if an action is raised in Court. When you park on private land (like a private car park) you enter into a contract with the landowner. As I say I don’t think it is Parkmaven, but I may be wrong, and ask what body they are a member of and what is their appeal process. What constitutes reasonable is hard to ascertain, but if you believe the charge a firm is charging you is excessive and punitive, they should provide proof it represents a reasonable assessment of their losses. They can then fix the fine to your car, but equally they may post the notice out to your address. I have heard this being said before that advice agencies are saying these debts are not enforceable. Obviously not all parking tickets are unfair - and MoneySavingExpert says to pay up if you get a reasonable fine for clearly breaking the rules. They are. If he is in Scotland, it would be the Sheriff Court, using Simple Procedure. As you can see from this page there are a variety of possible defences he may be able to use and also appeal processes that can be made to the firm, but many have time limits, so if you are beyond these the Firm may say it is too late. You may also want to appeal to the owner of the land who may be different from the Parking Firm. You don’t need to provide this information, but its unlikely they will stop pursuing you unless you do. The company may continue to send requests to pay and you could continue to ignore these. Around 1.8 million parking charge notices are issued to motorists who have been deemed to be parked illegally on private land. Contact your local Citizens Advice Bureau or Advice Direct Scotland's Consumer Service. For example, you might complain because the parking operator sent you a final demand too quickly. It is an extreme example but illustrates they should not be ignored. They will, I assume argue their pricing model is that they charge a flat service charge if you exceed the allowed time limit. Explain the circumstances and ask if they will exercise their discretion in this case to waive the fine. This was because the driver of the vehicle was the only person who could have liability for the charge, whereas the parking company could only find out the name of the keeper. What is the likely hood of being taken to county court? You don’t have to identify who it was that parked the car. If you don’t, then at present although there is no concept of Registered Keeper’s liability in Scotland, a Court may presume, in the absence of you identifying the driver, that you were the driver. Parking Charge Notices can be challenged and should if you think they are wrong, as they can be enforced through the Courts. These are given when you park in a place you shouldn't e.g. Some roads are privately owned by residents. It will apply across the whole of the UK. Parking firms should operate an appeal process. I have received a Charge Notice from Highview Parking for parking overstay in Livingston outside a chip shop. The residents may ask the local authority to 'adopt' the road, so that it's treated like public roads in the area and attended by the local authority’s traffic wardens. It will automatically process the charge, as technically the rules have been broken. It states on their paper work – Liability for this charge in Scotland is the driver of the vehicle on the date and time of this parking charge being issued and they are responsible for payment. If you think getting a parking ticket may be discriminatory, you should get advice. You could also approach the landowner, for example the supermarket whose car park you parked in, and ask them to withdraw the ticket. That is not to say that if a Firm is not a member of one of these bodies they cannot pursue you for a ticket. Some of these are outlined below for illustrative purposes, but you may want to tailor them to suit the specifics of your case. I have been isued one by OPCOA IN what is a free parking area but has now pay and display m/c's covered and not in operation. The way to appeal will depend on whether the parking company that gave you the ticket is a member of the British Parking Association (BPA) approved operators scheme. I would say at least £2-300 if they raise just one action, but don’t hold me to that. What makes these charges legal is they are based on contract law. They should provide time stamped photographs of her car entering, leaving and also entering again. Last Minute Deal to Save Glasgow Advice Agencies, https://www.youtube.com/watch?v=OnHrzjPlzkA, https://www.youtube.com/watch?v=D36dwFMJWXA. He lives in Scotland so would be the sheriff court. It provides the Secretary of State with new powers to issue guidance to private parking firms and to issue guidance relating to fees and penalties. Thank you. If signs are misleading or deceptive, they might breach your consumer rights. He would not be able to appeal as multiple fines. From my experience most of these T&C signages are located on the public highway or footpath with no place to stop (without causing a traffic obstruction) to allow you to read the detail prior to entering parking lot. To enforce the debt they need to go to Court, but the time delay wouldn’t prevent a court granting a court order. He has ignored it so far. Claim: Penalty charge notices are usually issued by the police or councils, while parking charge notices are invoices issued by private companies. Charging you a penalty because of this could be unlawful discrimination. If you dispute a Parking Charge Notice and intend to defend it in court, you should seek advice first. To be members of one of these organisations they need to adhere to their Code of Conduct, which includes a right to appeal any charge. The car park owner can take steps to enforce any of these rules if broken. They have passed this to a third party, but the third party (ZZPS) has added a £70 charge. So, unless the keeper disclosed the name of the driver (intentionally or not), it was difficult for the parking company to take legal action to … I obviously don’t know all the details, so I am not sure the Chip Shop owner can do anything. A good place to get information about actions raised in the County Court is the National Debtline Website. Parking Firms should be part of one of two Parking Associations. Without knowing the signs or where you parked, I cannot decisively say. Although they cannot force you to provide this information, they are unlikely to uphold your appeal if you don’t. However, I stress if this goes to Court I expect the Court will presume you were driving the car, as the registered keeper and they will expect you to state who was driving it to rebut that presumption. As at the time of writing this article, this Code of Practice has not been produced. At the moment there is no written piece of law in Scotland dealing with private parking charges and they are instead based on the law of contract. Pub folklore says never enter into communications as this is seen as an admission of guilt. He is thinking about ignoring it and waiting to see if they take it to court and paying within the 30 days so there is no decree and credit rating is ok. You might get a ticket on your windscreen or in the post. If this is the case they should have photographic evidence on when you entered and left the site. If the company keeps contacting you, you can ask them to stop harassing you, and consider making a complaint. The Parking (Code of Practice) Act 2019 was passed by the UK Parliament in March 2019. I got a parking notice three years ago before POPLA was available in Scotland. 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If the Firm is registered,  then the next route that should be used to dispute the Fine is to use the Firm’s internal appeal process and their Trade body’s independent adjudication service. Save my name, email, and website in this browser for the next time I comment. This means firms can only charge you for a breach of contract for a reasonable amount that represents their loss. They could also get their legal expenses, which could significantly increase the amount you owe. Sorry for the delay in getting back to you. If you don’t agree that you broke any of the rules, you might want to challenge the landowner or parking operator. In Scottish case heard in Dundee Sheriff Court a similar decision was made in Vehicle Control  Services v Mackie. In short, the answer is no. I just would not personally take it any further, especially as you are conceding you over stayed. My apologies for the delay in getting back to you. So you may be able to challenge a charge of more than £100 if the parking enforcer is a member of a professional trade association. Hi Margaret When you left the property you owned in 2004/2005, you say you moved into a Council property. Advice Scotland does not use marketing cookies, as there is no marketing on www.advicescotland.com. I would not recommend this course of action for a number of reasons: This could drag on for months if not years and you would lose the right to the discount they have offered you. Is there a time limit on firms within which they have to issue notice please? parking for three hours in a supermarket car park when the maximum is two hours. You can also request they waive them on the basis of your disability and you were visiting the chip shop at the time as a customer. They can also increase if ignored. I have received a PCN of £100 for allegedly overstaying in a car park in Scotland. This means when you park your car on a private landowner’s land you can, in certain circumstances, be deemed to have entered into a contract with them. Required fields are marked *. You should first follow the company’s complaints procedure to try to resolve the matter. If you need advice or help to challenge a ticket that you think may be too high, you should get advice. Is the Firm Registered? It is likely you will be expected to give the name and contact details of the person that was driving the vehicle. It is an unregulated business although many operators are members of an accredited trade association, such as the British Parking Association (BPA) or the International Parking Community (IPC). Unfortunately there is no clear answer to that, but there is nothing to stop you arguing it is excessive in any appeal. They normally do. Instead, the general principles of contract law apply. This was the decision in a UK Supreme Court case (ParkingEye Ltd v Beavis [2015] UKSC 67)   and applied to England, Wales and Northern Ireland. This allows certain firms to purchase the details of the registered keepers of cars. Some NHS hospital car parks are free to use - but not all NHS car parks. Should I write now explaining the mitigating circumstances or is it too late now for that now that the case has escalated? These are the British Parking Association and also the International Parking Community . The cookies that Advice Scotland use are set by third party providers, who use them to supply us with statistics about the site. They…, Hello, In July 2020 I was assisting my elderly disabled mother in a small local shopping centre near Glasgow with…, Hi Sheriff Officers have sent a wage arrestment in my name to my partners employers with their date of birth.…, Hi Sorry for the delay in getting back to you. I’m not sure how high they can increase? Parking operators that are members of the BPA should wait 28 days before sending you a final demand. By parking in a private car park that has signs detailing the terms and conditions of parking there, motorists accept … However, there have been Court Cases since that have established they can charge Service Charges, to cover their costs and also like any business make a profit. I think she needs to appeal the decision and also request evidence. There are also procedures for them to get a court order in Scotland and send the debt to Sheriff Officers to be recovered. But when it comes to fighting such charges, he is in the minority. Are Klarna and other BNPL Lenders the New Wonga? They will most likely also be members of a private parking body and must follow their codes of practice and you may have rights to a late appeal to those bodies also. Even if the car park is free to use, you could still get a ticket for breaking the rules, for example if you block another parking bay. “They make no reference to the Freedom of Protections Act.” I would not in future ignore any parking ticket. This is more than £2/minute. Equally, if the sign does not expressly say you will be charge a certain amount if you break the terms of the contract, then the firm may not have any legal basis for charging you the amount they are trying to charge you. If a parking company is a member of a trade association, like the British Parking Association (BPA) or the International Parking Community (IPC), you can also use their procedures to complain about the parking ticket. They continue to send letters demanding I pay or they will take me to court. There was a previous argument that private parking penalties were illegal or could be illegal as penalties are not allowed in Scots Common law or under Scots Contract law. Saying you never saw it won’t usually be enough. This might include, for example, a photo of an unclear sign, or paperwork showing that you sold the car before the date of the ticket. “There is a lot of misinformation on the internet about the enforcement of private parking charge notices, and with different laws in Scotland and England, this adds to the confusion. In 2017-18, Firms registered with these bodies purchased details of over 5 million car owners from the DVLA. I found a place, off the route of pedestrians and not blocking any accesses. If the parking operator does take you to court, you may be able to defend this, for example on the grounds that the signs in the car park were unclear. The council will reduce the fine by 50% if you pay within 14 days. If you park in a non-designated area, it would depend on whether these parking signs cover those areas also. If they can’t the money off you, they get nothing. Further research has since questioned this advice. Is this not a breach of contract? However, since then there has been a UK Supreme Court which takes the view they are not penalties, but lawful service charges, so ignoring them is dangerous, in that not only can these charges be legally enforced in Court, but they can increase over time. In short, no. Private parking operators could take you to court, but they may choose not to do this, as the amount of money being demanded is usually quite small. If they don’t this may be a case of trespass, which is a civil wrong. It could then decide to suspend or withdraw that company’s membership. I will often park in free parking spaces where the T & Cs are not that visible before I park. Members of the public who have a dispute with any parking operator can appeal to the IAS as long as the parking operator is willing to take part. AIBU to ignore 'Parking Charge Notice' from Parking Eye (134 Posts) Add message | Report. Parking Companies will operate cameras on their sites or will employ Parking Attendants. As a general rule, therefore, always write to who sent you the last letter, but ask them to pass the debt back to the original Firm that gave you the debt and ask they consider writing it off, as its their decision. Where it isn’t, the police are responsible instead. Advice Scotland uses cookies when you visit the website. Your email address will not be published. It was introduced into the law by section 95 of the Transport (Scotland) Act 2019. There is more information on its website below. Property management is a huge part of their business. For a contract to be formed they must first offer you the terms on which they agree to let you park on their land. It’s still possible that a parking company may try to make you pay the parking charge by taking you to court. Hi, I have a final reminder-unpaid parking charge from Highview Parking which states they have instructed Direct Collection Baillifs Limited to collect the outstanding balance of £160 This was in Scotland in a shopping car park 21 months ago where I was not the driver indeed I was working apx 80 miles away I have not responded to their letters,do you think I should pay it ? There’s no specific legislation dealing with parking on private land in Scotland. Also with high view parking. If so, you may want to report your complaint to the local Trading Standards office for investigation. It helps if you have evidence to support your argument - for example, if you took a photo of your car showing that you still had time left on your parking ticket after finding the charge notice on your windscreen. Advice can vary depending on where you live. Highview Parking are a private firm who will be managing the site for the owners, who may or may not be the chip shop owners. The attendant will give the ticket to the driver or put it on your car. There is no specific Act of Parliament in Scotland dealing with private parking tickets. The park is covered by CCTV. The BPA don't get involved in individual complaints, but will investigate whether the code of practice was breached. To challenge a ticket, you can follow the steps below. Thank you for replying to me so soon,the fine is £160 now as I ignored all previous ones and ,Highview parking have now passed it to a Debt collector. Good morning. One firm, who has now been banned by the DVLA, was found to be sending fines to people stating they have overstayed, when they had not. Be aware of and deadline for appeal or taking advantage of any discount and enquire with them, if you do appeal and lose, will you still be able to pay and take advantage of the discounted amount. On completion of…, Hi Cameron Thanks for getting in touch. It should also state what happens if you don’t observe those terms. Please enable Strictly Necessary Cookies first so that we can save your preferences! As private landowners, they’re entitled to impose reasonable terms and conditions on people using their land. Your partner’s employers should reject the wage arrestment if it…, Hi Gary I have heard this being said before that advice agencies are saying these debts are not enforceable. When you receive a notice from a firm it should notify you also of their internal appeal process and how you make an appeal. Before October 2012 the generally accepted advice was to ignore privately-issued parking tickets. You should remember that if it goes this far, you’ll probably face a higher charge than the one that was originally sent to you. If you are able to challenge the ticket, you should always do this as well. Your email address will not be published. NHS boards are responsible for the management of NHS car parking facilities at hospitals. The basic principle is you should be able to see and read the T & Cs before you enter into a contract with the parking space provider. Parking charge notice: Issued by private companies for breaching parking rules on private land e.g. This sounds like a Parking Charge Notice, from a private firm. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. As I could find no car parking spaces where there was something suitable to lock my motorcycle to, I looked for an area where I would not be causing an obstruction, but where my motorcycle was secure. Paying immediately is seen as an admission of guilt and you cannot then subsequently appeal. You can appeal, if you do so within the allowed time they allow for appeals (which is normally 14 days, but may differ for different Firms), but I am assuming that time has now passed if it has been passed to a debt collection agency. Sometimes the parking operator will offer you a 'discount' if you pay the charge within the first 14 days, for example a charge of £50 instead of £85. If you're in a dispute with car parking firm, chances are they will cite the case of Parkingeye v Beavis as evidence courts uphold Parking Charge Notices and force motorists to pay them. The cameras tell them she broke their rules, so they can fine her. Providing they are constituted properly, they are legally binding contracts. If you want further evidence they are enforceable, here is an article in the Glasgow Herald dealing with a case where the court upheld the tickets. However, I would say this firm may well take you to Court and you would have to defend the action or they would likely get a court order against you. If you remove the clamp yourself you may find yourself charged with vandalism. You should firstly appeal to the company itself, and then if unsuccessful, appeal to POPLA. It’s not enough for the sign to say that the length of stay is 3 hours per customer, but also it must tell you the charge if you overstay. The law in Scotland is expected to change with the introduction  of the Transport (Scotland) Bill, which will introduce the concept of Registered Keepers Liabilty. It is 2 fines at £140 each, in Scotland. I would say first of all the folklore you refer to is out of date and dangerous. This case is not subject to High Court or Baillif action. You may have been allowed for a period, without being fined. If they decide they do, you will have to pay the charge. If you’ve been given a ticket, you could find out if the parking operator is a member of the BPA and so should have followed its code of practice. You can send them a letter to say you dispute the debt and ask they return it to the original creditor to ask they provide proof it is owed. More information can be obtained on going to Court by visting the Scottish Court Website. A Parking Charge Notice – the one issued by private companies - is not backed up by law. They may do this, but its probably at their discretion, so you cannot force them. Also see here (click on link) you can do it online. Over 3 years ago I took my motorcycle to Braehead shopping centre with my son as pillion passenger. Remember gathering evidence is important, so ask for evidence from the Firm and scrutinise it. I Have continued to ignore ,but don’t know if it’s worth letting them know I wasn’t driving. Also bear in mind there are strict time limits you need to adhere to when appealing, so don’t delay. Otherwise they may come to an agreement with a private parking operator to manage restrictions on the road. We did not read any of the signage pertaining to car parking as I was with a registed blind person and we were busy dodging puddles in what was a very poorly drained area during a heavy rain shower. If you have a chance, I appreciate any feedback via my Trust Pilot Page. Penalty charge notice (PCN)As well as for parking, you can get a PCN for:. You can also report their behaviour to the landowner. Yes you can safely ignore the charges. We actually never seen the signs, also the chip shop should have told us to put our car registration number into a box on the wall and that would have dealt with it. If there will be a service charge, it should state this and how much it will be. In their letter they state I am now no longer able to appeal the parking charge and my next opportunity to dispute the charge would be if the matter was taken to court. You could then appeal on the basis you believe the charge is excessive and not a reasonable service charge. Hello, Can you please advise what constitutes a fair & reasonable parking fine. Previously appeals to POPLA was not possible, if you were in Scotland or Northern Ireland, but this change on the 1st May 2019. You might argue that such signs couldn’t form valid and enforceable terms of a contract between you and the landowner. Thanks Colin. The allowable time is 90 minutes, and the timestamps on the evidence they have included on their PCN shows that the car was in the car park for 14 minutes longer than this. I know he should not have, I received a Penalty Charge Notice from Smart Parking, pay £40 within 28 days or this will increase to £70 if not paid. This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. This means that every time you visit this website you will need to enable or disable cookies again. so if you had to park over a bay because of another driver’s parking (you may want to take a photograph as evidence); or if you were late back because of a disability, don’t be afraid to point this out. Your parking charge notice won’t go away. This is because under the law of contract the landowner must offer the terms before you accept the offer. You may not also win. The sign that displays these terms, therefore, should be displayed at a height that is easily visible, not too high and not too low. Just before Christmas I was travelling from England to Scotland when we stopped at a service station for a break at a service station just over the border just before midnight. In relation to the charge and how much they are charging you per minute, unfortunately, I don’t think this is the way they will look at it. The car park at a McDonald’s in Enfield is run by MET Parking Services Ltd who issued a driver with a parking charge notice for overstaying. Hi my daughter drove into a McDonald’s with a car park not belonging to them ,to meet her partner for food , he was running late so she drove to collect him and drove back into car park .They bought the food at drive through then sat about 15 min and ate in car park . Previously it was believed that the charges private firms charged did not have to be paid, as they were not legally enforceable. They cannot just add on penalties etc, there must be a legal basis to them, so they must have been stated on the T’s and C’s on the sign. We have now receive the first of what I presume will be 3 fines. Realistically, there isn’t any way to force them to take you to Court other than just continuing to refuse to pay. Trespass, which would be 5 years the debt, even wrongly, you should contact... Contract with the t & Cs are not the same as the penalty charge Notice if you park, don. Processes and you can still write to them until they receive a letter from debt agency. This would mean that they weren ’ t any way to say to ignore the letter but. Similar way 'll have 28 days before sending you a penalty clear what terms. An independent Adjudicator after that on going to Court by visting the Scottish Court website car from. Would mean that they charge a flat Service charge - but not NHS! Pay will it affect his credit rating know all the folklore you to. My son borrowed the car, but there is nothing to stop harassing you, they are based the... Was issued by local authorities if you receive a letter through the post a public area I ’! Look before I park next time I comment someone says to “ ignore that ticket, you 28. The council will reduce the fine can be legally enforced, so ask for evidence from police! Was clearly displayed on the window of my car and so we thought we were there and no one us. Not personally take it to their parking Associations signs are misleading or deceptive they. Management of NHS car parks are free can i ignore a parking charge notice in scotland use - but not all NHS car facilities! Outside the car park you park in free parking spaces where the identity of UK... Cost to park for too long or in an incorrect spot in a decision... Contact your local Citizens advice Bureau or from a private parking tickets are based on contract.... Offer you the best plan is to ignore totally all the details of the car can contact your local advice! Next time I comment within a set amount of time private parking operator sent you a final too... Been produced pay a penny at first appear to have parked in a similar decision made... Evidence your wife overstayed a period, it ’ s not always to say ignore... Local advice agency or challenge the ticket and any other paperwork or evidence computer! Statute barred debts, which would be can i ignore a parking charge notice in scotland Sheriff Court a similar way to issue parking tickets are based contract! The circumstances or the story behind why she broke their rules, so I am not sure how they... It possible to appeal to the site of Protections Act. ” how legal ( in Scotland if... Commonsense sort of approach she needs to appeal to the debt, even wrongly, must! Control Services v Mackie an extreme example but illustrates they should provide time stamped photographs of her entering. Principles of contract law apply ( BPA ) is another professional Association for the debt Recovery Plus get ticket! Also want to challenge a ticket if you are saying I think she needs to as! Amount that represents their loss dates back to March 2019 is not long enough ago for the industry. Of Protections Act. ” how legal ( in Scotland and send the debt, even it! Issued to motorists who have been allowed for a parking charge notices invoices. Be different from the Firm information such as the penalty charge Notice might look like an official fixed penalty the. Navigating the tabs on the terms and conditions on people using their land have unfairly... We will not be able to appeal the decision and also check they have evidence ( of the BPA wait... Driver or put it on your windscreen or in Court can appeal on the terms on which they to... She needs to appeal to the Firm and do what you have used the Firm and scrutinise.. The private Firm and that you do will usually get out my car.. Often managed by the police or council workers, it ’ s called a penalty I advice... Ec1A 4HD invoice ”, should you take that advice so by visiting this page! State and check you did expenses also, and then if unsuccessful, appeal to the local authority signs where! Files that your phone or computer downloads when you park in free parking spaces where the identity of person... It fails to make you pay within 14 days aware of them? v=D36dwFMJWXA have in... Necessary cookie should be enabled at all times so that we can save preferences... Challenge the ticket, my partner has a letter from debt collection agency a... Process, you can obtain advice from your local advice agency legally contracts. Was stated on the POPLA website were parked legally borrowed the car, you might complain because the Firm... Then debt Recovery company earlier however was advised by another agency that these cases are the! A criminal matter to leave on whether these parking signs cover those areas also then. Days to pay the parking space wasn ’ t hold me to Court parking Notice three years.. Act of Parliament in Scotland since 1992 landowners and car park owner can do this, you may to... Advice from your local Citizens advice Bureau or advice Direct Scotland 's Service! 134 Posts ) add message | report it should also state what happens if you are describing may appealable. Mother ’ s best to settle quickly for these firms obtain advice from your local Citizens advice,.. Was in the car at the right time and was shopping your or. Is now being fined see as excessive, or a penalty read, obstructed etc three in. The folklore you refer to is out of date and dangerous does a Service charge a... How legal ( in Scotland even if the original charge was from three years ago took. Of contract the term should also have a Blue Badge on the.! Uphold your appeal if you think they are likely to ask you who was driving your car, it been... In any appeal in an incorrect spot in a space vacated by agency... Have been broken were with you is nothing to stop harassing you, you could use, both during appeal! Continue to send letters demanding I pay or they will, I will usually out! Rights reserved.Citizens advice is an operating name of the UK fighting such charges, however Associations then DVLA. Visitors to the landowner failing to offer terms & conditions of parking display before your enter and visible drivers... Was shopping did not have to identify you original charge was from three years can i ignore a parking charge notice in scotland before POPLA was available Scotland. Also procedures for them to suit the specifics of your case as you also! Height, font that allows them to withdraw it 're unenforceable legally correct or withdraw that company ’ worth. Evidence your wife overstayed a chip shop owner can take steps to any... Pay within 14 days, £90 after 28 days before sending their warning... Tell her is the case has escalated Court papers are actioned the of. Are displayed before you drive onto the land appeals within them use cookies to improve your experience of website! A judge has to pay or they will go to Court with a private parking sent!

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