Lossiemouth Parking

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Lossiemouth Parking

Lossiemouth parking in Morayshire is getting harder by the day. There look to be further yellow lines, more 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?

Confidently uk comprehensive can help you with your parking in Lossiemouth. If you have established a parking ticket or fine whilst parking in Lossiemouth, then we are here to help out.

To start with there are two distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is essential for your wallet that you are unmistakable about which one you have received. If the ticket is a formal notice from Lossiemouth council or Lossiemouth police then you've 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 illegally on civic 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 Penalty Charge Notice issued by a council or police force then you should refer to the Lossiemouth council or Lossiemouth police for guidance on what to do after that. Lossiemouth council will have meticulous information 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.

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

The Penalty Charge Notice should also include comprehensible detail of what parking violation you are accused of doing and include any support, such as a video, which is being relied upon to show you committed the offence. Significantly, the PCN should in addition contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals method and the timescales involved.

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

If you have received 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 agreement with a landlord 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 existing one - they will set out restrictions generally in a sign 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, especially if the notice is clear and prominently displayed and you are thus entering into a deal with the business running the car park.

More often than not, such restrictions will mean a set time limit, a requisite to pay and display or a no-return policy. The terms and conditions of the car park should be displayed plainly and concisely on signs as you enter the car park and at further points across the site, along with information about parking charges 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 appropriately displayed at the car park in question. If you find they aren't, you may want to write to the business to appeal the charge.

The core distinction involving an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. For that reason they should not be described as penalties or fines, even though various 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 damages. The total they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this payment should be reasonable 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 think there has been a misunderstanding and you should not 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 offer 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 demonstrate their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also important to note that, as things now stand, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. So 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 bestow 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 positive 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 confirm 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 very 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 reasonable.

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