Peebles Parking

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Peebles Parking

Peebles parking in Peeblesshire is getting harder by the day. There look to be further double yellow lines, additional traffic wardens, a reduced amount 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 Peebles. If you have received a parking ticket or fine at the same time as parking in Peebles, then we are here to lend a hand.

Firstly there are two separate types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are transparent about which notice you have received. If the ticket is a formal notice from Peebles council or Peebles police then you have been given 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 illegally on municipal property. 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 PCN issued by a council or police force then you ought to refer to the Peebles council or Peebles police for instruction on what to do after that. Peebles council will have meticulous advice 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.

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

The PCN must in addition contain comprehensible detail of what parking violation you are accused of doing and contain any proof, such as a photograph, which is being relied upon to show you committed the offence. Significantly, the PCN 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 uncertainty as to what to do when you pick up a pcn, it is always a nice idea to get independent guidance from the Peebles Citizen's Advice Bureau, or a Peebles lawyer. The Law Society can provide details of a Peebles 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 agreement with a landlord to enforce any parking restrictions he or she chooses to place on their land.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions ordinarily 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, especially if the notice is clear and prominently displayed and you are therefore entering into a contract with the business running the car park.

More often than not, such restrictions will involve 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 noticeably and concisely on signs as you enter the car park and at other points across the site, along with info about parking fees and any subsequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The main divergence linking an official penalty charge issued by the authorities 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. For that reason they shouldn't be described as penalties or fines, although scores 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 application for costs. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the Citizen's Advice Bureau, this charge ought to be sensible and in line with the loss suffered by the company, even though 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 suppose there has been a lapse 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 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 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 phase. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also vital to write down that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the property-owner. So 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 provide 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can anticipate a succession 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.