Ayr Parking

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Ayr Parking

Ayr parking in Ayrshire is getting more testing by the day. There seem to be more double yellow lines, additional traffic wardens, a smaller amount free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

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

To start with there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are transparent about which one you have received. If the ticket is a legitimate notice from Ayr council or Ayr police then you have been given 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 public 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 ought to refer to the Ayr council or Ayr police for counsel on what to do next. Ayr council will have thorough advice on their website 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 limit.

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

The Penalty Charge Notice should also include transparent detail of what parking violation you are accused of doing and contain any verification, such as a video, which is being relied upon to show you committed the offence. Importantly, the notice should also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals method and the timescales involved.

If you are in any doubt as to what to do when you are given a pcn, it is always a nice idea to seek separate guidance from the Ayr Citizen's Advice Bureau, or a Ayr lawyer. The Law Society can provide details of a Ayr 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 landowner to enforce any parking restrictions they choose to place on their land.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions generally 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, 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 comprise a set time limit, a condition to pay and display or a no-return policy. The terms and conditions of the car park should be displayed obviously and concisely on signs as you enter the car park and at other points across the location, 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 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 key variance between an official penalty charge issued by the authorities 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 should not be described as penalties or fines, although countless 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 entitlement for costs. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this charge should be fair and in line with the loss suffered by the company, 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 salvage a parking charge from you without first taking you to court, so if you believe there has been a mistake 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 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 prove 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. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also of great consequence to write down that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. 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 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 corroborate its case. However you should let them know that you contest the notice as if not, you can expect 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. 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 is going to be very hard 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 easy to miss when you are busy thinking of all the things you want to acquire.