Westhill Parking

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Westhill Parking

Westhill parking in Aberdeenshire is getting more testing by the day. There seem to be further double yellow lines, extra 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?

Confidently uk comprehensive can assist you with your parking in Westhill. If you have received a parking ticket or fine at the same time as parking in Westhill, then we are here to help out.

First there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is fundamental for your wallet that you are unmistakable about which one you've received. If the ticket is an endorsed notice from Westhill council or Westhill police then you have been given 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 wrongly on municipal property. 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 Penalty Charge Notice issued by a council or police force then you should refer to the Westhill council or Westhill police for instruction on what to do after that. Westhill council will have meticulous instructions on their website 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 frame.

By and large they make available a discount (how nice of them) if you pay within a certain time frame.

The notice must in addition include obvious detail of what parking violation you are accused of doing and include any support, such as a video, which is being relied upon to verify you committed the offence. Importantly, the notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals system and the timescales involved.

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

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into an arrangement with a landlord to enforce any parking restrictions they choose 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 typically in a warning displayed on the land which you agree to abide by when you park on that property. By choosing to park on the land it may be implied that you agree to these conditions, particularly if the notice is clear and prominently displayed and you are hence 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 T&C's of the car park should be displayed plainly and concisely on signs as you enter the car park and at extra points across the site, along with information about parking charges and any ensuing charges which could be incurred for failing to comply. If you obtain a parking charge notice you ought to check that these terms are accurately displayed at the car park in question. If you discover they aren't, you may desire to write to the company to appeal the charge.

The key differentiation involving an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is naught in criminal law to support a penalty or fine for parking on private land. For that reason they shouldn't be described as penalties or fines, even though lots 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 an application for damages. The total 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 charge ought to be rational and in line with the loss suffered by the company, even though excessive 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 get back a parking charge from you without first taking you to court, so if you feel there has been a misunderstanding and you shouldn't have been issued a ticket, you may wish 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also of the essence to note that, as things now stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Thus if you were not the person driving you may wish to inform the parking company of this straight away. Just because you are the registered keeper of the vehicle, you are under no legal obligation to bestow 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 convinced 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 corroborate its case. However you should let them know that you contest the notice as if not, you can be expecting a sequence of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely 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 just.

The bottom line is it is going to be very difficult for these companies to establish 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 acquire.