Augher Parking

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Augher Parking

Augher parking in County Tyrone is getting harder by the day. There look to be additional double yellow lines, more traffic wardens, a lesser 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 assist you with your parking in Augher. If you have received a parking fine or ticket whilst parking in Augher, then we are here to assist.

To begin with there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are transparent about which notice you have received. If the ticket is a legitimate notice from Augher council or Augher police then you've 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 wrongly on municipal 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 Augher council or Augher police for guidance on what to do after that. Augher 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.

Usually they offer a discount (how nice of them) if you pay within a set period of time.

The notice ought to as well include unmistakable detail of what parking violation you are accused of doing and include any indication, such as a photograph, which is being relied upon to confirm you committed the offence. Crucially, the PCN ought to in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any uncertainty as to what to do when you pick up a penalty charge notice, it is always a nice idea to get independent counsel from the Augher Citizen's Advice Bureau, or a Augher lawyer. The Law Society can provide details of a Augher solicitor.

If you have got 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 an understanding with a landowner to enforce any parking restrictions they choose to place on their land.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions more often than not in a notification 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, specifically if the notice is clear and prominently displayed and you are therefore entering into a deal with the business running the car park.

More often than not, such restrictions will mean 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 obviously and concisely on signs as you enter the car park and at additional points across the site, along with info about parking fees and any ensuing charges which could be incurred for failing to comply. If you obtain a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you discover they are not, you may want to write to the company to appeal the charge.

The main variance involving an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. For that reason they shouldn't be described as penalties or fines, although lots 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 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 rate should be sensible 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 salvage a parking charge from you without first taking you to court, so if you feel there has been a blunder 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 make available evidence 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. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also important to write down that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. 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 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 rules 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 count on a series 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. 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 is going to be very difficult 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 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.