University Of Edinburgh v Onifade [2004] ScotSC 89 (24 December 2004)

University Of Edinburgh v Onifade [2004] ScotSC 89 (24 December 2004)

The court held that the use of the word 'fine' in the parking notice was synonymous with 'fee' in this context and did not purport to impose a criminal penalty. The defender, by parking without a permit in knowledge of the notice, accepted liability for the charge. There was a binding implied contract, and the charge was enforceable.

Citation
[2004] ScotSC 89
Parties
Pursuer/respondent: The University of Edinburgh; Defender/appellant: Daniel Onifade
Jurisdiction
Scotland
Judgment Date
24 December 2004
Procedural Posture
Summary Cause Appeal / Appeal Judgment
Outcome
appeal refused
Legal Topics
Parking Charges, Penalty Clauses, Misrepresentation, Implied Contract
Contract Law Property Law Parking Charges Penalty Clauses Misrepresentation Implied Contract

Case Brief

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Parties

The University of Edinburgh

Pursuer/respondent

Daniel Onifade

Defender/appellant

Procedural Posture

Summary Cause Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether there is a legal distinction between a 'fine' and a 'charge' in the context of private parking enforcement
  2. 2 Whether describing a parking charge as a 'fine' constitutes a misrepresentation by the offeror

Ratio Decidendi

The court held that the use of the word 'fine' in the parking notice was synonymous with 'fee' in this context and did not purport to impose a criminal penalty. The defender, by parking without a permit in knowledge of the notice, accepted liability for the charge. There was a binding implied contract, and the charge was enforceable.

Court Disposition

appeal refused

Orders

  • Defender and appellant found liable to pursuers and respondents in the expenses of the appeal.
  • Account of expenses to be given in and remitted to the Auditor of Court to tax and report.