Dunfermline Parking

Church | Schools

Dunfermline Parking

Dunfermline parking in Fife is getting harder by the day. There look to be additional double yellow lines, additional traffic wardens, with a reduction of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can help you with your parking in Dunfermline. If you have established a parking fine or ticket at the same time as parking in Dunfermline, then we are here to help out.

First of all there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you have received. If the ticket is a bureaucratic notice from Dunfermline council or Dunfermline 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 public property. 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 ought to refer to the Dunfermline council or Dunfermline police for information on what to do next. Dunfermline council will have complete directives 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 limit.

Regularly they provide a reduction (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice must in addition include transparent detail of what parking violation you are accused of doing and include any verification, such as a photograph, which is being relied upon to verify you committed the offence. Significantly, the PCN should also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals process and the timescales involved.

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

If you have received 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 a contract with a landlord 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 frequently 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 hence entering into an agreement 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 terms and conditions of the car park should be displayed visibly 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 pick up a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you find they are not, you may want to write to the company to appeal the charge.

The core disparity linking an official penalty charge issued by the authorities 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. For that reason they shouldn't 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for costs. 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 CAB, this cost 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 get back a parking charge from you without first taking you to court, so if you sense there has been an error 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 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 corroborate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also central to note that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. Thus if you weren't the person driving you may wish to inform the parking company of this right away. Just because you are the registered keeper of the car, you are under no legal obligation to impart 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 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 verify its case. However you should let them know that you contest the notice as if not, you can expect a sequence 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 fair.

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 stuff you want to purchase.