Theale Parking

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Theale Parking

Theale parking in Berkshire is getting more difficult by the day. There seem to be additional yellow lines, added traffic wardens, a smaller amount 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 Theale. If you have received a parking fine or ticket whilst parking in Theale, then we are here to help out.

First there are 2 various 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've received. If the ticket is an authoritative notice from Theale council or Theale police then you have been given a PENALTY CHARGE NOTICE (PCN). Only the two 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the Theale council or Theale police for recommendation on what to do after that. Theale council will have thorough instructions 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 frame.

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

The PCN ought to in addition contain transparent detail of what parking violation you are accused of doing and include any data, such as a video, which is being relied upon to establish you committed the offence. Importantly, the notice must 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 uncertainty as to what to do when you are given a pcn, it is always a good idea to get independent guidance from the Theale Citizen's Advice Bureau, or a Theale lawyer. The Law Society can provide details of a Theale 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 terrain.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions more often than not in a notification 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, an obligation 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 site, 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 properly displayed at the car park in question. If you discover they are not, you may desire to write to the business to appeal the charge.

The major distinction involving 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 should not be described as penalties or fines, although loads of 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 compensation. 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 Citizen's Advice Bureau, this cost ought to be realistic and in line with the loss suffered by the company, even though excessive 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 a mistake 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 offer proof of their argument 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 case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also crucial 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. 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 car, you are under no legal obligation to provide 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 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 prove 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 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 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 easy to miss when you are busy thinking of all the things you want to buy.