Eyemouth Parking

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Eyemouth Parking

Eyemouth parking in Berwickshire is getting more challenging by the day. There seem to be additional yellow lines, added traffic wardens, a lesser amount of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

Confidently we can assist you with your parking in Eyemouth. If you have received a parking fine or ticket at the same time as parking in Eyemouth, then we are here to make your life a bit easier.

First of all there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which notice you've received. If the ticket is an authoritative notice from Eyemouth council or Eyemouth 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 public property. 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 Eyemouth council or Eyemouth police for recommendation on what to do next. Eyemouth council will have detailed 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 frame.

Typically they grant a reduction (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice should as well include comprehensible detail of what parking violation you are accused of doing and include any proof, such as a photograph, which is being relied upon to establish you committed the offence. Importantly, the Penalty Charge Notice should in addition 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 get a penalty charge notice, it is always a safe idea to seek independent advice from the Eyemouth Citizen's Advice Bureau, or a Eyemouth lawyer. The Law Society can provide details of a Eyemouth solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking company. A private parking company is an organisation which has entered into a union with a landlord to enforce any parking restrictions they choose to place on their terrain.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily in a sign 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 then 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 obviously and concisely on signs as you enter the car park and at additional points across the site, along with information about parking fees and any ensuing charges which could be incurred for failing to comply. If you collect 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 business to appeal the charge.

The chief differentiation between an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is naught in criminal law to support a penalty or fine for parking on private land. Hence they shouldn't be described as penalties or fines, even though numerous 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 land in question. According to the Citizen's Advice Bureau, this payment should be acceptable and in line with the loss suffered by the business, although 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 have reason 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 offer 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 corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the proprietor. So if you were not 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 provide the parking operator with any further information, 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 bear out its case. However you should let them know that you contest the notice as if not, you can count on 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 fair.

The bottom line is it's going to be very hard 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 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 stuff you want to acquire.