Jedburgh Parking

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Jedburgh Parking

Jedburgh parking in Roxburghshire is getting harder by the day. There look to be further double yellow lines, more 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 we can help you with your parking in Jedburgh. If you have received a parking ticket or fine whilst parking in Jedburgh, then we are here to lend a hand.

First there are two different types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is fundamental for your wallet that you are clear about which one you have received. If the ticket is a formal notice from Jedburgh council or Jedburgh 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 public domain 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 ought to refer to the Jedburgh council or Jedburgh police for counsel on what to do next. Jedburgh council will have meticulous information on their web pages 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.

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

The notice must as well include obvious detail of what parking violation you are accused of doing and include any evidence, such as a photograph, which is being relied upon to demonstrate you committed the offence. Importantly, the notice should also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals system and the timescales involved.

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

If you have received a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into an agreement with a landowner to enforce any parking restrictions he or she chooses to place on their terrain.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions typically in a warning displayed on the land which you agree to abide by when you park on that land. 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 contract 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 T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at further points across the location, 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 accurately displayed at the car park in question. If you discover they aren't, you may wish to write to the business to appeal the charge.

The core disparity between an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is nothing in criminal law to support a penalty or fine for parking on private land. Consequently they should not 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 a claim for costs. The amount 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 reasonable and in line with the loss suffered by the business, 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 claim a parking charge from you without first taking you to court, so if you suppose there has been an error 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 make available 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 argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also significant to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Therefore 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can count on a succession 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 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.