Kirkliston Parking

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Kirkliston Parking

Kirkliston parking in West Lothian is getting more challenging by the day. There look to be further yellow lines, extra traffic wardens, a lesser amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Hopefully uk comprehensive can help you with your parking in Kirkliston. If you have established a parking ticket or fine at the same time as parking in Kirkliston, then we are here to make your life a bit easier.

Firstly there are 2 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 notice you have received. If the ticket is an official notice from Kirkliston council or Kirkliston police then you've been issued 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 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 Penalty Charge Notice issued by a council or police force then you should refer to the Kirkliston council or Kirkliston police for recommendation on what to do next. Kirkliston council will have meticulous advice 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 frame.

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

The PCN must also contain obvious detail of what parking violation you are accused of doing and include any data, such as a video, which is being relied upon to show you committed the offence. Significantly, the PCN should also contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals process and the timescales involved.

If you are in any uncertainty as to what to do when you receive a pcn, it is always a safe idea to seek separate guidance from the Kirkliston Citizen's Advice Bureau, or a Kirkliston lawyer. The Law Society can provide details of a Kirkliston 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 ground.

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 property. 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 then entering into a contract with the business running the car park.

More often than not, such restrictions will comprise 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 extra points across the site, along with information about parking fees and any ensuing charges which could be incurred for failing to comply. If you be given 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 desire to write to the business to appeal the charge.

The main disparity involving an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is zilch in criminal law to support a penalty or fine for parking on private land. Consequently they shouldn't 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 giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for damages. 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 CAB, this rate 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 recover a parking charge from you without first taking you to court, so if you think there has been a lapse 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 give 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 corroborate their case 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 corroborate its case on the balance of probabilities.

It is also worthy to note that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. So if you were not 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 supply 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 assured 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 bear out its case. However you should let them know that you contest the notice as if not, you can expect a sequence 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 fair.

The bottom line is it is going to be very hard 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 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 straightforward to miss when you are busy thinking of all the things you want to buy.