Aboyne Parking

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Aboyne Parking

Aboyne parking in Aberdeenshire is getting more testing by the day. There seem to be further double yellow lines, additional traffic wardens, with a reduction of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Confidently we can help you with your parking in Aboyne. If you have established a parking fine or ticket whilst parking in Aboyne, then we are here to lend a hand.

First of all there are 2 various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is very important for your wallet that you are unmistakable about which one you have received. If the ticket is an endorsed notice from Aboyne council or Aboyne police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's and it means that you are being fined for parking illegally on public land. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.

If you have received a Penalty Charge Notice issued by a council or police force then you should refer to the Aboyne council or Aboyne police for information on what to do after that. Aboyne council will have detailed information on their web pages outlining how long you have got to pay the fine, how to pay the fine and the penalties implicated if you fail to pay within the time limit.

Typically they offer a reduction (how nice of them) if you pay within a certain time frame.

The notice ought to in addition include unmistakable detail of what parking violation you are accused of doing and contain any facts, such as a photograph, which is being relied upon to show you committed the offence. Crucially, the Penalty Charge Notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

If you are in any doubt as to what to do when you collect a pcn, it is always a safe idea to seek separate opinion from the Aboyne Citizen's Advice Bureau, or a Aboyne lawyer. The Law Society can provide details of a Aboyne solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking company is an organisation which has entered into a union with a landlord to enforce any parking restrictions he or she chooses to place on their ground.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions frequently in a notice displayed on the land which you agree to abide by when you park on that land. By choosing to park on the land it may be implied that you agree to these conditions, especially if the notice is clear and prominently displayed and you are as a result entering into a contract with the business running the car park.

More often than not, such restrictions will involve a set time limit, a necessity to pay and display or a no-return policy. The terms and conditions of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra points across the location, along with info about parking charges and any subsequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you ought to check that these terms are appropriately displayed at the car park in question. If you find they aren't, you may want to write to the business to appeal the charge.

The core distinction concerning an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, even though loads of parking operators will label their notices a Parking Charge Notice, which handily also abbreviates to PCN (what a coincidence!).

In giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for damages. The sum they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this payment ought to be reasonable and in line with the loss suffered by the company, although excessive charges are common. This is not a criminal matter despite any impression given to the contrary by the operator.

The operator has no right to claim a parking charge from you without first taking you to court, so if you sense there has been a mistake and you shouldn't have been issued a ticket, you may want to dispute the charge with the parking company as soon as possible. You should ask them to give confirmation of their argument against you. If you fail to reach an agreement with them, then, as with all civil matters, it is up to the parking company to corroborate their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also significant to write down that, as things now stand, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. Thus if you weren't the person driving you may wish to inform the parking company of this straight away. Just because you are the registered keeper of the car, you are under no legal obligation to provide the parking operator with any further information, as you would be with the police. In particular you do not have to identify the driver or supply his or her name and address.

Indeed if you are positive that you have not parked in contravention of the rules of the car park, you do not have to contact the parking company if you do not wish to do so as the obligation is on the parking company to confirm its case. However you should let them know that you contest the notice as if not, you can be expecting a progression of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that very few cases ever reach court because of the difficulties the private company has in proving its case. As a result, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is reasonable.

The bottom line is it is going to be very hard for these companies to show you are a guilty party in this. In 99.99% of cases the best thing to do is rip up the ticket and throw it away. We would recommend not to get in touch with the company (as you are handing them your details) or waste your time and money consulting a solicitor. Most of these companies do not provide proper signage - in other words they are straightforward to miss when you are busy thinking of all the things you want to buy.