Lochgilphead Parking

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Lochgilphead Parking

Lochgilphead parking in Argyll is getting harder by the day. There seem to be additional yellow lines, added traffic wardens, a reduced 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 help you with your parking in Lochgilphead. If you have received a parking fine or ticket whilst parking in Lochgilphead, then we are here to help out.

At the outset there are 2 separate types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is essential for your wallet that you are clear about which notice you have received. If the ticket is an official notice from Lochgilphead council or Lochgilphead police then you've 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 public 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 Penalty Charge Notice issued by a council or police force then you should refer to the Lochgilphead council or Lochgilphead police for advice on what to do after that. Lochgilphead council will have thorough directives 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 limit.

As a rule they offer a markdown (how nice of them) if you pay within a set period of time.

The PCN ought to in addition include clear detail of what parking violation you are accused of committing and contain any confirmation, such as a video, which is being relied upon to confirm you committed the offence. Importantly, the PCN must also contain 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 uncertainty as to what to do when you obtain a pcn, it is always a good idea to seek separate guidance from the Lochgilphead Citizen's Advice Bureau, or a Lochgilphead lawyer. The Law Society can provide details of a Lochgilphead 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 landowner to enforce any parking restrictions he or she chooses to place on their terrain.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions typically 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, especially if the notice is clear and prominently displayed and you are consequently entering into a contract with the business running the car park.

More often than not, such restrictions will comprise 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 additional points across the site, along with information about parking charges and any ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to check that these terms are correctly displayed at the car park in question. If you discover they are not, you may desire 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 business 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, even though scores 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 entitlement for compensation. The sum they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this rate ought to be sensible and in line with the loss suffered by the company, even though 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 salvage a parking charge from you without first taking you to court, so if you suppose there has been an error 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 offer proof of their case 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 argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also crucial to note that, as things currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. Consequently 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 impart 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to a progression 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 reasonable.

The bottom line is it's 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 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 things you want to buy.