Clackmannan Parking

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Clackmannan Parking

Clackmannan parking in Clackmannanshire is getting harder by the day. There seem to be more double 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 Clackmannan. If you have received a parking ticket or fine whilst parking in Clackmannan, then we are here to help.

Firstly there are two distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which one you've received. If the ticket is an endorsed notice from Clackmannan council or Clackmannan police then you've 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 civic 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 PCN issued by a council or police force then you ought to refer to the Clackmannan council or Clackmannan police for instruction on what to do next. Clackmannan council will have complete instructions 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 frame.

More often than not they present a discount (how nice of them) if you pay within a certain time frame.

The notice must in addition include unmistakable detail of what parking violation you are accused of doing and contain any support, such as a photograph, which is being relied upon to verify you committed the offence. Significantly, the PCN ought to also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals system 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 good idea to seek independent guidance from the Clackmannan Citizen's Advice Bureau, or a Clackmannan lawyer. The Law Society can provide details of a Clackmannan solicitor.

If you have got 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 agreement with a landowner to enforce any parking restrictions he or she chooses to place on their ground.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions commonly in a sign displayed on the land which you agree to abide by when you park on that terrain. 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 for that reason entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a necessity 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 extra points across the site, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you discover they aren't, you may desire to write to the business to appeal the charge.

The main divergence between an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is not anything 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 many 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 compensation. The quantity they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the Citizen's Advice Bureau, this charge should be sensible and in line with the loss suffered by the business, 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 salvage a parking charge from you without first taking you to court, so if you feel there has been an oversight 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 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 prove their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also of great consequence 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. As a result 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 supply 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 certain 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 be expecting a series 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. Consequently, 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's going to be very hard for these companies to demonstrate 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 straightforward to miss when you are busy thinking of all the things you want to buy.