Road Traffic (Permitted Parking Area and Special Parking Area) (City of Glasgow) Designation Order 1999 (SSI 1999/59)
We have a full report from our legal officers in relation to the matters we raised with the Executive on the last occasion. Does anybody have any comments?
There has been a full response and acknowledgement of the points that were made by the committee. The committee sought an explanation on three matters. Following the advice we received today, I suggest that the order should be reported to Parliament on the grounds of defective drafting. Its meaning could be clearer, especially in relation to invalid notices.
It should be considered that there has been an unexpectedly narrow use of the powers conferred, particularly in relation to the Executive's response to the second question that we raised, which is why there is no equivalent provision to permit an alleged owner of a vehicle to challenge the enforcement of an invalid parking ticket. In response to that, the Executive referred to existing protection available to those against whom decrees are enforced under the common law and the Debtors (Scotland) Act 1987. It would be helpful if the Executive could explain which existing protection it is referring to as being available under the common law, and whether in particular it is the remedy of obtaining a suspension and interdict of a charge from the Court of Session. If so, there might be issues that the committee wishes to pursue about the expense of such a remedy in relation to the cost of a parking ticket. It might be around two or three thousand times more expensive to go to the Court of Session than to pay the parking ticket.
Secondly, under the Debtors (Scotland) Act 1987, which powers are they referring to? They might want to look at that again.
The lead committee might want to look at that as a substantive issue, on the basis that there has been an unexpectedly narrow use of the power.
We have managed to express our views on that. Thank you for your contribution, Fergus.