Huntly Parking

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Huntly Parking

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

With a bit of luck uk comprehensive can help you with your parking in Huntly. If you have received a parking fine or ticket at the same time as parking in Huntly, then we are here to lend a hand.

First of all there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which one you've received. If the ticket is a bureaucratic notice from Huntly council or Huntly police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on municipal land. Such an offence is backed up by criminal law and you can be fined or end up in court for not paying your fine.

If you have received a PCN issued by a council or police force then you ought to refer to the Huntly council or Huntly police for recommendation on what to do after that. Huntly 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 involved if you fail to pay within the time frame.

As a rule they make available a discount (how nice of them) if you pay within a certain time frame.

The notice ought to as well include unmistakable detail of what parking violation you are accused of committing and contain any facts, such as a video, which is being relied upon to confirm you committed the offence. Significantly, the Penalty Charge Notice must in addition contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any doubt as to what to do when you obtain a penalty charge notice, it is always a nice idea to seek independent counsel from the Huntly Citizen's Advice Bureau, or a Huntly lawyer. The Law Society can provide details of a Huntly solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking business. A private parking business is an organisation which has entered into an understanding with a landlord to enforce any parking restrictions they choose to place on their land.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily in a warning 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 then entering into a deal with the business running the car park.

More often than not, such restrictions will mean a set time limit, an obligation to pay and display or a no-return policy. The terms and conditions of the car park should be displayed openly and concisely on signs as you enter the car park and at further points across the location, along with information about parking charges and any subsequent charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are properly displayed at the car park in question. If you discover they aren't, you may wish to write to the company to appeal the charge.

The most important divergence relating an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is naught in criminal law to support a penalty or fine for parking on private land. Consequently they should not be described as penalties or fines, although many parking operators will label their notices a Parking Charge Notice, which handily also abbreviates to PCN (what a coincidence!).

In issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for costs. The amount they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the Citizen's Advice Bureau, this payment ought to be affordable and in line with the loss suffered by the business, even though extreme charges are common. This isn't a criminal matter despite any impression given to the contrary by the operator.

The operator has no right to recover a parking charge from you without first taking you to court, so if you feel there has been an error 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 provide evidence 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 prove their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also of great consequence to note that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. 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 supply the parking operator with any further info, 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 regulations 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 prove its case. However you should let them know that you contest the notice as if not, you can be expecting a succession 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. Consequently, 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's going to be very difficult for these companies to demonstrate 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 advise 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 easy to miss when you are busy thinking of all the stuff you want to buy.