VEHICLE CONTROL SERVICES Ltd v MACKIE [2017] ScotSC 24 (25 April 2017)

VEHICLE CONTROL SERVICES Ltd v MACKIE [2017] ScotSC 24 (25 April 2017)

The defender was contractually bound by the terms displayed on prominent signage, which constituted a valid offer accepted by her conduct in parking without a permit. The factors had authority to contract with the pursuers for parking enforcement, and the charges were valid and enforceable. The defender is liable for the agreed sum.

Citation
[2017] ScotSC 24
Parties
Pursuer: Vehicle Control Services Limited; Defender: Carly Mackie
Jurisdiction
Scotland
Judgment Date
25 April 2017
Procedural Posture
Civil / Judgment
Outcome
Defender found in breach of contract and liable for payment of agreed sum with interest and expenses.
Legal Topics
Parking Enforcement, Delegation of Powers, Private Property Rights, Contract Formation, Authority of Factors/managers
Contract Law Property Law Parking Enforcement Delegation of Powers Private Property Rights Contract Formation Authority of Factors/managers

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Parties

Vehicle Control Services Limited

Pursuer

Carly Mackie

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defender was contractually bound to pay parking charges for unauthorised parking on private property managed by the pursuers
  2. 2 Whether the factors/managers had authority to contract with the pursuers for parking enforcement
  3. 3 Whether the parking charges were valid and enforceable under Scots law

Ratio Decidendi

The defender was contractually bound by the terms displayed on prominent signage, which constituted a valid offer accepted by her conduct in parking without a permit. The factors had authority to contract with the pursuers for parking enforcement, and the charges were valid and enforceable. The defender is liable for the agreed sum.

Court Disposition

Defender found in breach of contract and liable for payment of agreed sum with interest and expenses.

Orders

  • Decree granted against the defender for payment of £24,500.00 to the pursuers with interest at 8% per annum from date of decree until payment.
  • Expenses awarded to the pursuers as taxed.