New Course starts Monday 24th February
Private parking companies and the DVLA
Why it’s YOU that’s in the wrong in the eyes of the law: an insight from law specialists at Thorntons
There is a common misconception that private parking companies have no legal recourse to pursue drivers for parking fines incurred while using their premises, but the truth is a little more complicated.
In the past, Scottish law has been unclear on the matter, but it is important that motorists are aware that not only is there very definite rulings in favour of the parking companies, but they also have access to DVLA records to track down infringers and begin proceedings against them.
Parking tickets
Parking tickets issued by private companies in private car parks are not fines, they are classed as Parking Charge Notices. This is different from Penalty Charge Notices which are issued by council traffic wardens and the police. Penalty Charge Notices are regulated fines, backed by legislation.
When you park in a private car park the terms and conditions of the car park must be clearly displayed along with a warning of the charge payable for failing to display a ticket/permit or overstaying. If the terms and conditions of the car park are clearly displayed and you park in that car park, you are agreeing to those terms and conditions.
You are entering into a contract with the car park operator. If you fail to adhere to the terms and conditions of the car park you may be issued with a Parking Charge Notice.
Failure to pay a Parking Charge Notice will result in the car park operator pursuing you for the sum contained in the charge notice. The car park operator will allow you an opportunity to pay and may permit you to enter into a payment arrangement. If you ignore or refuse to pay the Parking Charge Notice the landowner or car park operator can take legal action against you.
In order for the parking company to succeed at court they must establish, on the balance of probabilities, who was responsible for parking the vehicle. This differs from the approach in England where legislation exists holding the registered keeper as accountable for payment of Parking Charge Notices irrespective of whether they were the driver of the vehicle.
Failing to pay these tickets once issued can be seen in the eyes of the law as a breach of contract and the car park operators can then take the offending motorist to court to recover their losses. A recent example of this would be the Dundee woman who was ordered to pay a staggering £24,000 in fines racked up over a period of months that saw her ignore over 200 separate tickets.
Data protection
The other issue with private parking tickets is just how they attain drivers’ information to issue the fines in the first place, but once again, the law is firmly on their side.
Far from being a breach of data protection regulation, gaining the information necessary from the DVLA is a simple process that anyone, not just the parking companies, can take advantage of for the sum of £2.50.
The DVLA will only give out this information if the requestor has reasonable causes. There are multiple examples of these listed on the DVLA website including finding out who was responsible for an accident, tracing the registered keeper of an abandoned vehicle and tracing people responsible for driving off without paying for goods and services, but crucially, giving out parking tickets is also on this list.
This means it could be difficult to bring a claim that a breach of the data protection legislation has been made when a parking company uses the DVLA to track down a motorist who they wish to issue a fine towards.
The only other condition which a private parking company needs to satisfy to get the information is that it must be a member of either the British Parking Association or the International Parking Community. These organisations are essentially not-for-profit trade bodies.
What should you do if you are issued with a Parking Charge Notice
If you have been issued with a Parking Charge Notice and were the person responsible for parking the vehicle, you should pay the fine.
If you have been issued with a Parking Charge Notice but you were not driving the vehicle at the time, you should explain this to the landowner or car park operator. They may ask you to prove this and state who was responsible for parking the vehicle.
If you have been issued with a Parking Charge Notice and you followed the terms and conditions of the car park you should explain this to the landowner or car park operator. Mistakes can happen and if you have been issued with a Parking Charge Notice when you clearly have a ticket displayed, keep your parking ticket and send a photocopy of it to the landowner or car park operator.
If you are unsure of your options when issued with a Parking Charge Notice or court proceedings have been raised against you, seek legal advice at an early stage.
CashBack support for Police youth projects
A police-led partnership initiative aimed at diverting young people from criminal activity in Edinburgh is to receive Scottish Government funding.
As part of the CashBack for Communities Scheme, £19 million, which was seized from criminals, is to be shared with a range of organisations to further their work in diverting at risk youths away from potentially criminal or anti-social behaviour.
One such project receiving a share of this funding is VOW, a unique collaborative project, where police in the Capital work along a number of partners to engage and empower vulnerable young-people to make positive life choices.
This partnership helps break the cycle of offending and prevent individuals from continually entering the criminal justice system. So far 167 young people have been helped through the work of the team and the funding will ensure this vital work continues and even expands.
Also receiving Cashback support is Police Scotland’s award- winning partnership project with City of Edinburgh Council, Turn Your Life Around (TYLA).
Turn Your Life Around is a mental health and wellbeing project where local volunteers with a range of difficult childhood experiences are supported to share their stories of adversity and resilience with school pupils, families and staff.
Pupils at the schools are then given a platform to discuss the stories, reflect on risk and resilience factors and encouraged to seek help if they are experiencing similar difficulties.
The nature of these projects means that officers, peer mentors and volunteers are regularly asked to revisit, share or support childhood trauma and this funding will be used to provide trauma counselling and additional support for all those involved in delivering these services and will augment the existing skills they already have.
This in turn will increase the capacity for them to help young people turn their lives around.
Chief Superintendent Sean Scott, Divisional Commander for Edinburgh said: “This partnership and public health approach, using these inspirational peer mentors and courageous young volunteers, was a first of its kind here in Scotland.
“The proof that it works is testament to the number of young people that have managed to turn their lives around and the fact that on average the young people who engage with the peer mentors and officers manage to reduce their offending by around 80%.
“Traditionally, it has been difficult for police to identify and engage with at risk youths while working in isolation. This collaboration opens a number of doors, not only in preventing further criminal activity, but signposting those we engage with to a range of support services that can help them make positive lifestyle choices.
“With this essential funding, the excellent foundations and work that has already been commenced, will be continued and expanded to include trauma counselling, with the model being rolled out in Glasgow and other Policing Divisions looking to follow suit.
“This peer mentoring project transforms not only the lives of the young people who engage and take part, but transforms their families and communities, through working in partnership to deliver prevention and interventions that have been evaluated and proved to work at reducing harm”
Councillor Ian Perry, Education, Community and Families Convener at City of Edinburgh Council said: “This funding is fantastic news and will help the programmes continue to go from strength to strength.
“Set up in 2016 with Police Scotland, the Turn Your Life Around project delivered by the Health & Wellbeing Team was recently recognised as Education Initiative of the Year by Herald Society Awards.
“This is testimony to the feedback received from over 1000 children, young people and staff in schools last year who heard the inspiring stories from the TYLA volunteers and were involved in follow up sessions.
“It is of paramount importance that the volunteers are also appropriately supported and this funding will ensure we can continue to provide this as the project continues.”
Yellow weather warning remains in place … and here comes Dennis
A Met Office Yellow Warning for snow and ice remains in place today – the forecast is windy with wintry showers, drying up this afternoon.
The Queensferry Crossing remains CLOSED.
Today:
Further wintry showers in the morning. These becoming less widespread in the afternoon with more in the way of dry and sunny weather especially in east. Strong winds easing. Maximum temperature 5 °C.
Tonight:
Any showers dying out this evening with clear spells allowing a frost for a time. Becoming cloudy overnight with sleet, snow, easterly winds, reaching Southwest and Borders. Minimum temperature -2 °C.
Tomorrow (Thursday):
Sleet or snow in morning, early afternoon, east coast rain, with strong northeast winds. Possibly disruptive snow high ground in south. Becoming drier in afternoon with some sunshine, winds easing. Maximum temperature 5 °C.
Outlook for Friday to Sunday:
Heavy rain arriving on Friday, thaw, clearing to scattered showers. Windy. Dry start Saturday then more heavy rain, windy again. Sunshine, showers Sunday with gales or severe gales.
Storm Dennis to bring heavy rain and gales
Named by the Met Office, the impacts from this low-pressure system are not expected to be as extreme as Storm Ciara but will bring widespread strong winds and heavy rain to parts of the UK.
The system will develop in the North Atlantic before tracking eastwards towards the UK and Ireland over the coming days, passing to the north of Scotland on Saturday. A National Severe Weather Warning for wind has been issued for much of England and Wales, further warnings are likely to be issued in the coming days.
Steve Ramsdale, Chief Meteorologist at the Met Office said: “Another spell of very wet and windy weather is expected for Saturday, although Storm Dennis is currently not expected to be as severe as Ciara disruption is still likely.
“Our confidence in the forecast means we have been able to issue severe weather warnings well in advance, giving people time to prepare for potential impacts of the storm.
“With further warnings possible over the next few days people should keep up to date with the Met Office forecast using our website, app or by following us on social media.”
Over the weekend wind gusts will widely reach in excess of 50mph, even across some inland areas, with gusts of over 60mph possible over hills, coastal areas and exposed locations.
While these winds have the potential to bring impacts they are not as strong as the gusts we saw last weekend with Storm Ciara when a gust of 97mph was recorded on the Isle of Wight.
Heavy rain is also expected with the storm and with already saturated ground there is a risk of further flooding. Storm Dennis is expected to bring a range of impacts, including delays and cancellations to transport services, damage to power supplies and large coastal waves.
The weather this week, ahead of Storm Dennis, remains unsettled. North westerly winds are bringing cold air across the UK and the north of England and Scotland will continue to see some snow, mainly on Tuesday, Wednesday and Thursday. Winds remain strong with sunny, dry spells expected in places especially in the east.
You can get the most accurate and up to date forecast for your area using the Met Office forecast pages and by following them on Twitter and Facebook, as well as using the mobile app which is available for iPhone from the App store and for Android from the Google Play store.
Missing EU already?
FIRST MINISTER: ‘We’ve never needed EU more’
First Minister Nicola Sturgeon has emphasised Scotland’s shared values with the European Union during a series of engagements in Brussels.
Speaking to an audience including EU diplomats at the European Policy Centre, she said that Scotland’s task now that membership of the EU had ended was to find a voice as an independent nation which could take its place on the world stage.
In the meantime, the Scottish Government will use its devolved powers to maintain, as far as it is able, the closest possible ties with the EU, while working towards independence.
Earlier the First Minister met EU chief negotiator Michel Barnier to discuss the UK/EU talks, which are due to begin next month. She also spoke to EU Executive Vice President Margrethe Vestager about the EU’s Green Deal and the COP26 climate change conference in Glasgow, the dynamics of digitisation and Artificial Intelligence.
The First Minister said: “It was already clear, and it has been reaffirmed to me in the constructive meetings I’ve held today, that there is genuine goodwill in the EU towards Scotland.
“We are leaving the EU at a time when we have never benefited from it more, and when we have never needed it more to achieve our ambitions.
“On this visit to Brussels I have made clear how important it is for Scotland to remain close to the EU.”
It’s difficult to see what more Scotland can do to ‘remain close’ to the EU. The Scottish government’s position on Europe is clear, but unless we become an independent country we will remain on the outside.
And while we await another independence referendum, there is an increasing clamour for the Scottish government to concentrate on the ‘day job’. Domestic problems are mounting, the government’s competence is under increasing scrutiny and Scottish Parliament elections are on the horizon. These are tough times for the First Minister – and they can only get tougher.
The First Minister’s full speech to the European Policy Centre is available on the Scottish Government website.
Cyber-bullying revealed as children’s greatest online fear
- More than a quarter of children and young people are worried about cyber-bullying, a survey reveals – topping the list of online fears
- 89% also think talking to parents would help keep them stay safe online, but parents reported that only 35% had done so in the last 12 months.
- Survey of more than 4,000 children and young people and 4,000 parents and carers conducted on behalf of O2 and NSPCC ahead of Safer Internet Day
Being cyber-bullied is children’s greatest fear when they go online, according to a major survey conducted on behalf of O2 and the NSPCC ahead of Safer Internet Day (Tuesday 11 February).
When questioned, more than a quarter of children (27%) said bullying or someone being unkind to them was what worried them the most when using the internet.
The survey of more than 4,000 young people also revealed being contacted by someone they don’t know was the second biggest online concern (16% of respondents).
Speaking to parents or carers is overwhelmingly seen by children (89%) as the thing to do to help them stay safe online, but parents reported only 35% had raised internet safety with them in the past 12 months.
The survey of more than 4,000 parents and carers also revealed that 92% felt they knew how to advise their child on staying safe online, but less than half (42%) had agreed guidelines on what they do when using the internet.
To mark Safer Internet Day, O2 and the NSPCC have created a new online family agreement for parents and children to fill-in and sign together to help encourage more regular conversations about internet safety.
The agreement provides families with the opportunity to make a joint pledge on things both parents and children will do when online.
O2 and the NSPCC also offer free online resources in the form of Net Aware, a website which explains the social networks, apps or games that children are using most frequently.
Laura Randall, Associate Head of Child Safety Online and Innovation at the NSPCC, said: “Children and young people are becoming increasingly aware of the risks they face when going online and the vital role their parents or carers can play in ensuring they stay safe.
“As a result, parents and carers need to take the initiative and set up regular conversations with their child about their online life, with our family agreement being a great way to kick things off.
“To ensure they are as well informed as possible parents and carers can also access free tools like Net Aware, where they can learn about the latest games, apps and social networks their children are using.”
Nicola Green, Corporate Affairs Director at O2 said: “The digital world is an amazing place but it’s important that as parents we have regular conversations with our children so they’re aware how to safely navigate any potential dangers online.
“As a mum, I know it can sometimes be difficult to know where to start, which is why for Safer Internet Day this year we’ve created a family agreement, available in-store and to download online for free, as a handy tool for parents to explore what their children like doing online and agree to set some guidelines.”
As well as the family agreement, the partnership have developed a booklet offering the latest practical and simple tips on the risks children might face when using the internet, and advice about what parents can do to keep their child safe.
The booklet is now available in more than 450 O2 stores nationwide.
Citizen: Stories of Home
Creative Workshops at Royston Wardieburn
Thorntons team with CHAS for Rocking Horse Ball
Thorntons and CHAS are thrilled to announce a brand new partnership that will raise crucial funds to support children with life-shortening conditions and their families throughout Scotland.
Thorntons have generously agreed to be the headline sponsor for the fifth edition of the CHAS Rocking Horse Ball, which takes place on 5 June 2020. The prestigious annual event attracts the great and good from Scottish business and society and has fast become one of the most popular charity dinners in Edinburgh’s social calendar.
Last year it raised an incredible £136,000 to further enable CHAS to provide a full family support service across Scotland for children with life shortening conditions and their families. With the generosity of the team at Thorntons, this year’s ‘Oz’-themed extravaganza promises to be the biggest so far.
Colin Graham, Chairman at Thorntons, said: “The annual CHAS Rocking Horse Ball is a fantastic fundraiser which supports the inspiring work of this charity throughout the year.
“We’re embedded in our local communities and CHAS provides services all over Scotland. We’re proud to pledge our support of the 2020 event which we hope will raise a record total for CHAS.”
CHAS Chief Executive, Rami Okasha, and the team were delighted to welcome Colin and Senior Partner Clare Macpherson to Rachel House hospice to show them where their contributions go and thank them for their support with a special gesture – a handmade pair of ruby slippers – created by three of the incredible children which CHAS supports.
Rami said: “We are thrilled to welcome Thorntons as our headline sponsors for this year’s Rocking Horse Ball. CHAS is a charity on a mission. We want to ensure that we can be there to support children with life shortening conditions and their families wherever they are in Scotland, and whenever they need us.
“The wonderful support from Colin and the team at Thorntons will be a huge support in ensuring we can continue to reach more families.”
In Scotland, nearly 16,000 children and young people live with life-shortening conditions and CHAS is determined to reach every family who needs its services. CHAS works across Scotland, able to provides its hospice services nation-wide for babies, children and young people with life-shortening conditions. CHAS offers palliative, respite and end-of-life care from Rachel House in Kinross and Robin House in Balloch.
The CHAS at Home service supports families with the services of a hospice yet in their own homes across the whole of Scotland. Through its Diana Children’s Nurses working in hospitals across the country they can support families and clinical teams.
Pictured: Clare Macpherson, Rami Okasha, Diane Alton and Colin Graham.
‘Clear link’ between meditation and stress reduction
New collaborative research at Queen’s University Belfast and Victoria University, Melbourne, Australia aims to better understand the link between meditation and improved mental health outcomes.
Despite the growing popularity of meditation practice around the world to address a number of health issues, there is limited evidence to support this.
While stress is common among everyone at some point, persistent stress can eventually contribute to disease and mental illness. The endocrine system is particularly important in the management of stress but the functioning of the endocrine system and wellbeing have been scarcely investigated.
The research team reviewed a large number of previous studies and analysed how meditation impacted a number of hormones related to stress. The study, now published in Cell Press, found a connection between meditation, the endocrine system and health and wellbeing.
Dr Chantal Ski, Author and Reader in Cardiovascular Health at the School of Nursing and Midwifery at Queen’s University Belfast, said: “Through the comprehensive literature review, we found that there is a clear link between meditation and stress reduction.
“We focused on studies that analysed how meditation affected the endocrine system and a number of interconnected systems that regulate stress such as the Hypothalamic–Pituitary–Adrenal (HPA), the Hypothalamic–Pituitary–Thyroid (HPT) axis and the Renin-Angiotensin-Aldosterone (RAA) system.”
Dr Michaela Pascoe, Lead and Corresponding Author on the research and Postdoctoral Research Fellow at the Institute for Health and Sport at Victoria University, Melbourne said: “This work shows that meditation influences the regulation of the HPA axis, which may reduce stress levels.
“Another key finding was linked with the Hypothalamic–Pituitary–Thyroid (HPT) axis, which determines and regulates thyroid hormone production and is particularly associated with depression and anxiety. The findings indicate that meditation and yoga influenced the HPA axis to a varying degree.
“The Renin-Angiotensin-Aldosterone (RAA) System regulates blood pressure, electrolytes and fluid balance. Although the scope of research is currently limited, it seems that meditation may also influence the RAA system, corresponding with improved well-being and changes in hormonal stress.”
Meditation is becoming increasingly popular, with over a quarter of UK adults practising meditation as a therapy. A recent study in the US cited a threefold increase in the practice over the last five years.
Dr Ski added: “Increased knowledge of the interrelationships between the endocrine system and meditation will lead to identification of specific meditation practices that are of most benefit to the health and wellbeing of various population.
“Given the multitude and severity of health issues related to persistent stress, it is paramount that more research is carried out in this area to help inform effective future healthcare policies among different groups as this could only lead to huge health benefits as well as financial benefits with more effective treatments in place.”
Dr Pascoe concluded: “Most studies to date have explored the effect of meditation practice on the HPA axis and much more research is needed to examine other aspects of the endocrine system.
“Whilst it is intriguing that various meditation practices appear to induce changes in endocrine function and consequently be associated with improvements in mental health, the underlying associations and mechanisms that might operate are unclear, though likely involve psychological, physiological, and neurological processes.”
MSPs Welcome Further Protections for Animals and Wildlife
Greater protections to strengthen the health and welfare of animals and wildlife in Scotland have been supported in a report issued yesterday by Holyrood’s Environment, Climate Change and Land Reform Committee.
Key provisions within the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill are:
• The increase of maximum penalties for animal welfare and wildlife crime offences to five years in prison
• The creation of fixed penalty notices for minor offences
• Removal of the requirement for court orders for rehoming animals.
• Increased protection for service animals (Finn’s Law) through the removal of the defence of self-defence.
Whilst considering the Bill, the Committee raised concerns about the lack of a central registration system to facilitate information sharing between authorities and agencies in relation, for example, to previous convictions.
Committee Convener, Gillian Martin MSP, (above) said: “We have explored the proposed penalties along with the powers given to those authorised to take animals into possession on welfare grounds. The Bill was widely welcomed but we believed more could be done.
“We recognise the tight focus of the Bill but we’re also in no doubt that it goes a long way to improving animal and wildlife protections in Scotland. When implemented, there should be greater co-operation, greater resourcing and greater awareness of the issues involved. The health and welfare of our animals and wildlife will be significantly improved.”
Additional recommendations made within the report include:
• That the options for enhanced detection and prosecution by expanding the powers of the SSPCA be explored
• That impact statements should be used as a matter of standard practise
• That the Scottish Government works with the Crown Office to provide more clarity and guidance about vicarious liability
See below for copy of the Committee report: