Lockerbie Parking

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Lockerbie Parking

Lockerbie parking in Dumfriesshire is getting more difficult by the day. There seem to be further double yellow lines, additional traffic wardens, a smaller amount 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 Lockerbie. If you have received a parking fine or ticket at the same time as parking in Lockerbie, then we are here to make your life a bit easier.

Firstly there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you've received. If the ticket is an official notice from Lockerbie council or Lockerbie police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's and it means that you are being fined for parking illegally on civic land. 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 ought to refer to the Lockerbie council or Lockerbie police for instruction on what to do next. Lockerbie council will have detailed directives 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 present a reduction (how nice of them) if you pay within a set period of time.

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

If you are in any doubt as to what to do when you collect a pcn, it is always a good idea to seek independent opinion from the Lockerbie Citizen's Advice Bureau, or a Lockerbie lawyer. The Law Society can provide details of a Lockerbie 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 landowner to enforce any parking restrictions he or she chooses to place on their property.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions commonly in a notice 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, particularly if the notice is clear and prominently displayed and you are as a result entering into an agreement 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 terms and conditions of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra points across the site, along with information about parking charges and any subsequent 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 find they are not, you may desire to write to the company to appeal the charge.

The key difference linking an official penalty charge issued by the establishment 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. Consequently they should not be described as penalties or fines, even though loads 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 an entitlement for compensation. The sum they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this rate should be rational and in line with the loss suffered by the company, even though excessive charges are common. This is not 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 suppose there has been a mistake 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 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 confirm their argument in court, but it is advisable to seek advice from the CAB 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 the essence to note that, as things presently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. 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 confident 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 be expecting a progression 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. 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 just.

The bottom line is it's going to be very difficult 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 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 easy to miss when you are busy thinking of all the things you want to acquire.