Carnoustie Parking

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Carnoustie Parking

Carnoustie parking in Angus is getting more difficult by the day. There look to be further 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 any luck uk comprehensive can help you with your parking in Carnoustie. If you have received a parking ticket or fine at the same time as parking in Carnoustie, then we are here to lend a hand.

First there are 2 different 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 clear about which notice you have received. If the ticket is an endorsed notice from Carnoustie council or Carnoustie police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on civic 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 Carnoustie council or Carnoustie police for assistance on what to do after that. Carnoustie council will have thorough advice 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.

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

The notice should as well include transparent detail of what parking violation you are accused of committing and contain any evidence, such as a video, which is being relied upon to demonstrate you committed the offence. Importantly, the notice ought to in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals process and the timescales involved.

If you are in any uncertainty as to what to do when you get a penalty charge notice, it is always a safe idea to get separate counsel from the Carnoustie Citizen's Advice Bureau, or a Carnoustie lawyer. The Law Society can provide details of a Carnoustie 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 a contract with a landlord to enforce any parking restrictions he or she chooses to place on their ground.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions frequently in a notice 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, specifically if the notice is clear and prominently displayed and you are as a result entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, a condition to pay and display or a no-return policy. The T&C's of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra points across the site, along with information about parking fees and any subsequent charges which could be incurred for failing to comply. If you receive a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you find they are not, you may want to write to the company to appeal the charge.

The most important disparity between an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they shouldn't be described as penalties or fines, although various 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 entitlement for damages. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this cost should be rational and in line with the loss suffered by the business, 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 salvage a parking charge from you without first taking you to court, so if you believe there has been an oversight and you should not 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 give 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 show their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also foremost to write down that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the landowner. As a result if you weren't the person driving you may wish to inform the parking company of this right 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 confirm its case. However you should let them know that you contest the notice as if not, you can anticipate a series 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's going to be very hard for these companies to prove 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 contact 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 things you want to acquire.