South Ayrshire Council is issuing guidance to motorists using privately owned car parks in the wake of an unprecedented number of complaints from drivers receiving penalty charge notices.
Last year, over 250 complaints were received, particularly from drivers who had parked at the rear of the former MFI building
Following positive negotiations with the site's former owners, the Council secured the refund of £23,000 of penalty parking charges to 220 motorists.
Now, the Council hopes the new guidance will help to ensure a fair deal on private parking prices for land owners and motorists.
Councillor Peter Convery Portfolio Holder for Sustainability and the Environment explained: "It is perfectly legal for private landowners to charge drivers for parking on their land, to impose rules for parking and to issue penalties to motorists if the rules are broken.
"We've made it clear to private operators that the signs they use in their car parks should be prominent, their rules need to be clearly shown and parking tariffs should be transparent, easily understood and legal."
"Discussions with the new operators at the former MFI site have been very positive and we anticipate parking charges at the new pay and display site there will be fair and properly controlled, to the benefit of consumers and surrounding businesses."
Many private car park operators are members of the British Parking Association (BPA) which has an agreed code of conduct stating the minimum size for parking signs, acceptable methods for controlling sites and the correct procedures for enforcing penalty notices.
Charges for breaching a private parking contract can only be pursued against the person who parks the car and this may not always be the vehicle's owner.
The amount charged for non-payment of a parking fee should be reasonable and reflect the minimum loss to the business.
Councillor Convery continued: "It's important to remember that 'parking charge notices' are seen as a breach of contract in civil law and are not a criminal offence or a police matter.
"This means failure to pay is treated the same way as any other debt and may be pursued using a debt recovery agency, or solicitors and may end up in the civil court. It will not cause you to have a criminal record and you will not have to appear in a criminal court."
He concluded: "Our role is to protect the interests of the consumers and we will assist where operators have acted or charged unfairly."
If you feel you have been unjustly penalised by charges for parking on private land contact South Ayrshire Council's Trading Standards office at 5-7 River Terrace, Ayr KA8 0BJ, or telephone 01292 616060.
Alternatively, you can email: cabac@south-ayrshire.gov.uk