Onifade V University Of Edinburgh

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Onifade V University Of Edinburgh

Onifade V University Of Edinburgh

The Sheriff Principal, having resumed consideration of the cause, substitutes for the question of law in the stated case the following:

1. Did I err in law by concluding that there was no distinction between a fine and a charge?

2. Did I err in law by failing to state whether or not parking charges described as fines in an offer document would amount to a misrepresentation of the position of the offeror?

answers the first of the said questions of law in the negative, declines to answer the second question, and refuses the appeal; finds the defender and appellant liable to the pursuers and respondents in the expenses of the appeal; allows an account thereof to be given in and remits the same, when lodged, to the Auditor of Court to tax and to report.

NOTE

[1]This is an appeal by the defender in an action for payment which has been brought as a summary cause. The pursuers are the University of Edinburgh. They sue the defender for payment of £870.00 with interest and expenses. The Sheriff has found that on numerous occasions between 7 June 2001 and March 2004 the defender parked a vehicle on property belonging to the pursuers although he was not the holder of a parking permit. On each occasion there was displayed on the property a notice in the following terms:

UNIVERSITY OF EDINBURGH

PRIVATE PROPERTY.

PARKING BY PERMIT ONLY

– – –

PERSONS PARKING WITHOUT

A PERMIT WILL BE LIABLE

TO A FINE OF £30 PER DAY

– – –

PARKING REGULATIONS APPLY

VEHICLES ARE PARKED

AT OWNERS RISK

The defender was aware of the terms of the notice. He accepts that if the pursuers are entitled to charge him £30 per day, the sum sued for is the total amount of the charges for which he would be liable. He has refused to pay. Before the Sheriff he maintained that the charge of £30 per day was a penalty which the pursuers had no power to impose. The Sheriff rejected that argument and granted decree as craved.