Keynsham Parking

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Keynsham Parking

Keynsham parking in Avon is getting harder by the day. There appear to be further double yellow lines, additional traffic wardens, with a reduction 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 assist you with your parking in Keynsham. If you have received a parking ticket or fine whilst parking in Keynsham, then we are here to lend a hand.

First of all 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 unmistakable about which notice you have received. If the ticket is an official notice from Keynsham council or Keynsham 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 wrongly on public 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 PCN issued by a council or police force then you ought to refer to the Keynsham council or Keynsham police for counsel on what to do after that. Keynsham council will have detailed directives 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 frame.

As a rule they give a markdown (how nice of them) if you pay within a set period of time.

The notice ought to also include unmistakable detail of what parking violation you are accused of committing and contain any support, such as a video, which is being relied upon to demonstrate you committed the offence. Crucially, the Penalty Charge Notice should also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

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

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

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions regularly 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, especially if the notice is clear and prominently displayed and you are thus 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 openly and concisely on signs as you enter the car park and at extra points across the location, along with info about parking charges and any subsequent charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you discover they are not, you may wish to write to the company to appeal the charge.

The key disparity linking 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. For that reason they shouldn't be described as penalties or fines, although countless 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 a claim for damages. The total 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 should be rational 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 think there has been an error and you should not 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 give 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 prove their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also of the essence to write down that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. Consequently 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 impart 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 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 verify its case. However you should let them know that you contest the notice as if not, you can expect 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 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 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 easy to miss when you are busy thinking of all the things you want to purchase.