Kinross Parking

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Kinross Parking

Kinross parking in Perthshire is getting more challenging by the day. There seem to be more yellow lines, additional traffic wardens, a lesser amount of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can assist you with your parking in Kinross. If you have received a parking ticket or fine whilst parking in Kinross, then we are here to help out.

First of all there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are clear about which notice you have received. If the ticket is an authoritative notice from Kinross council or Kinross police then you have been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's and it means that you are being fined for parking illegally on municipal 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 Kinross council or Kinross police for opinion on what to do next. Kinross 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 implicated if you fail to pay within the time limit.

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

The notice should also contain transparent detail of what parking violation you are accused of committing and contain any data, such as a video, which is being relied upon to verify you committed the offence. Importantly, the Penalty Charge Notice should also contain 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 doubt as to what to do when you obtain a penalty charge notice, it is always a good idea to get independent opinion from the Kinross Citizen's Advice Bureau, or a Kinross lawyer. The Law Society can provide details of a Kinross 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 landowner to enforce any parking restrictions they choose to place on their ground.

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 warning 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 consequently entering into an agreement with the business running the car park.

More often than not, such restrictions will include 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 plainly and concisely on signs as you enter the car park and at additional points across the site, along with info about parking charges and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are properly displayed at the car park in question. If you discover they are not, you may want to write to the company to appeal the charge.

The major differentiation relating 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 should not be described as penalties or fines, even though loads 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 entitlement for damages. The sum they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this cost should be realistic 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 recover a parking charge from you without first taking you to court, so if you have reason there has been an oversight and you shouldn't have been issued a ticket, you may want to dispute the charge with the parking company as soon as possible. You should ask them to provide proof 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 confirm their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also vital to write down that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. As a result if you were not the person driving you may wish to inform the parking company of this right 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 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 convinced 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 look forward to 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 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 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 things you want to purchase.