Acharacle Parking

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Acharacle Parking

Acharacle parking in Argyll is getting harder by the day. There look to be further yellow lines, additional traffic wardens, less free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can assist you with your parking in Acharacle. If you have received a parking ticket or fine whilst parking in Acharacle, then we are here to help out.

Firstly there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is very important for your wallet that you are transparent about which notice you've received. If the ticket is a legitimate notice from Acharacle council or Acharacle police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue PCN's and it means that you are being fined for parking illegally on municipal property. 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 PCN issued by a council or police force then you should refer to the Acharacle council or Acharacle police for counsel on what to do next. Acharacle council will have comprehensive directives 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.

By and large they give a discount (how nice of them) if you pay within a set period of time.

The notice must as well contain comprehensible detail of what parking violation you are accused of committing and contain any corroboration, such as a photograph, which is being relied upon to corroborate you committed the offence. Crucially, the Penalty Charge Notice should 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 uncertainty as to what to do when you get a pcn, it is always a good idea to get independent opinion from the Acharacle Citizen's Advice Bureau, or a Acharacle lawyer. The Law Society can provide details of a Acharacle solicitor.

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

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions ordinarily in a notification 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, specifically 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 mean a set time limit, a prerequisite 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 other points across the site, along with info about parking charges and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are correctly 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 chief differentiation involving an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is nothing in criminal law to support a penalty or fine for parking on private land. For that reason they should not be described as penalties or fines, even though various 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 an application 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 cost ought to be fair 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 get back a parking charge from you without first taking you to court, so if you feel there has been an error 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 provide 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 demonstrate 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. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also of the essence to note that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. Consequently 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 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 corroborate its case. However you should let them know that you contest the notice as if not, you can expect 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. 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 just.

The bottom line is it is going to be very difficult 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 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.