Dalbeattie Parking

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Dalbeattie Parking

Dalbeattie parking in Kirkcudbrightshire is getting harder by the day. There appear to be more yellow lines, extra 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?

Confidently uk comprehensive can assist you with your parking in Dalbeattie. If you have established a parking fine or ticket at the same time as parking in Dalbeattie, then we are here to help out.

To begin with there are two discrete 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 have received. If the ticket is a bureaucratic notice from Dalbeattie council or Dalbeattie police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on public domain land. 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 PCN issued by a council or police force then you should refer to the Dalbeattie council or Dalbeattie police for guidance on what to do after that. Dalbeattie council will have complete information on their web pages 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.

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

The Penalty Charge Notice must as well include transparent detail of what parking violation you are accused of committing and contain any support, such as a photograph, which is being relied upon to show you committed the offence. Importantly, the PCN must in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any reservation as to what to do when you pick up a pcn, it is always a nice idea to seek independent opinion from the Dalbeattie Citizen's Advice Bureau, or a Dalbeattie lawyer. The Law Society can provide details of a Dalbeattie 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 an arrangement with a landlord to enforce any parking restrictions he or she chooses to place on their ground.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions ordinarily in a notification 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, specifically if the notice is clear and prominently displayed and you are as a result entering into a deal with the business running the car park.

More often than not, such restrictions will comprise a set time limit, a prerequisite 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 other points across the location, along with information about parking charges and any ensuing charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are accurately 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 major distinction concerning 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. Consequently they shouldn't be described as penalties or fines, although 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 application for damages. 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 reasonable 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 salvage a parking charge from you without first taking you to court, so if you feel 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 give confirmation 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 corroborate 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 foremost to note that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the property-owner. As a result if you weren't 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 prove its case. However you should let them know that you contest the notice as if not, you can be expecting a string 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 establish 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 stuff you want to buy.