Girvan Parking

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Girvan Parking

Girvan parking in Ayrshire is getting more testing by the day. There seem to be additional yellow lines, extra 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?

Hopefully uk comprehensive can assist you with your parking in Girvan. If you have established a parking ticket or fine at the same time as parking in Girvan, then we are here to make your life a bit easier.

First of all there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are clear about which notice you have received. If the ticket is an official notice from Girvan council or Girvan police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking wrongly on municipal land. 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 Penalty Charge Notice issued by a council or police force then you should refer to the Girvan council or Girvan police for opinion on what to do next. Girvan council will have thorough instructions 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 limit.

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

The Penalty Charge Notice ought to as well include unmistakable detail of what parking violation you are accused of committing and include any facts, such as a photograph, which is being relied upon to verify you committed the offence. Crucially, the notice must also contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals modus operandi and the timescales involved.

If you are in any uncertainty as to what to do when you collect a penalty charge notice, it is always a nice idea to seek separate advice from the Girvan Citizen's Advice Bureau, or a Girvan lawyer. The Law Society can provide details of a Girvan solicitor.

If you have received 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 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 existing one - they will set out restrictions regularly 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, 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 requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed openly and concisely on signs as you enter the car park and at other points across the site, along with information about parking fees 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 properly displayed at the car park in question. If you discover they aren't, you may wish to write to the business to appeal the charge.

The core disparity 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. Consequently they should not be described as penalties or fines, although 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 a claim for damages. The total 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 payment should be affordable and in line with the loss suffered by the company, although 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 claim a parking charge from you without first taking you to court, so if you have reason there has been an oversight and you should not have been issued a ticket, you may want to dispute the charge with the parking company as soon as possible. You should ask them to give proof 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 point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also central 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. For that reason 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 provide 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 assured 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 prove its case. However you should let them know that you contest the notice as if not, you can be expecting a string 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 difficult for these companies to confirm 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 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 straightforward to miss when you are busy thinking of all the stuff you want to buy.