Kirknewton Parking

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Kirknewton Parking

Kirknewton parking in Midlothian is getting more problematical by the day. There appear to be additional double yellow lines, added traffic wardens, less free car parking and even supermarkets 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 Kirknewton. If you have received a parking fine or ticket whilst parking in Kirknewton, then we are here to help out.

To begin with there are 2 discrete types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which notice you've received. If the ticket is a legitimate notice from Kirknewton council or Kirknewton police then you've been given 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 non-payment of the fines.

If you have received a Penalty Charge Notice issued by a council or police force then you should refer to the Kirknewton council or Kirknewton police for information on what to do next. Kirknewton 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 involved if you fail to pay within the time frame.

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

The Penalty Charge Notice should as well contain unmistakable detail of what parking violation you are accused of committing and include any data, such as a video, which is being relied upon to verify you committed the offence. Crucially, the Penalty Charge Notice ought to in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals modus operandi and the timescales involved.

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

If you have got a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into an arrangement with a landowner to enforce any parking restrictions they choose to place on their ground.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions usually in a notice 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 therefore entering into an agreement with the business running the car park.

More often than not, such restrictions will comprise a set time limit, a condition to pay and display or a no-return policy. The terms and conditions of the car park should be displayed openly and concisely on signs as you enter the car park and at additional points across the location, 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 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 key difference relating an official penalty charge issued by the establishment 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. Therefore they shouldn't be described as penalties or fines, even though scores of 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 entitlement for costs. 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 CAB, this rate should be reasonable and in line with the loss suffered by the company, although 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 get back a parking charge from you without first taking you to court, so if you sense 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 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 show their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also worthy to write down that, as things currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. For that reason 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 vehicle, you are under no legal obligation to bestow the parking operator with any further information, 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 prove its case. However you should let them know that you contest the notice as if not, you can anticipate 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. 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 advise 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.