Aylesbury Parking

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Aylesbury Parking

Aylesbury parking in Buckinghamshire is getting harder by the day. There appear to be more double yellow lines, additional traffic wardens, with a reduction of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

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

To begin with there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is very important for your wallet that you are transparent about which notice you have received. If the ticket is a formal notice from Aylesbury council or Aylesbury police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices 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 not paying your fine.

If you have received a Penalty Charge Notice issued by a council or police force then you ought to refer to the Aylesbury council or Aylesbury police for counsel on what to do after that. Aylesbury council will have detailed instructions 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 limit.

More often than not they offer a markdown (how nice of them) if you pay within a certain time frame.

The PCN must also contain comprehensible detail of what parking violation you are accused of committing and contain any facts, such as a photograph, which is being relied upon to verify you committed the offence. Importantly, the Penalty Charge Notice must in addition 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 reservation as to what to do when you get a pcn, it is always a nice idea to get independent advice from the Aylesbury Citizen's Advice Bureau, or a Aylesbury lawyer. The Law Society can provide details of a Aylesbury 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 they choose to place on their land.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions frequently in a notification 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 as a result entering into an agreement with the business running the car park.

More often than not, such restrictions will include 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 openly and concisely on signs as you enter the car park and at further 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 appropriately displayed at the car park in question. If you find they are not, you may want to write to the business to appeal the charge.

The major differentiation relating an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is naught 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 lots 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 application for costs. The quantity they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the CAB, this payment ought to be acceptable and in line with the loss suffered by the company, 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 salvage a parking charge from you without first taking you to court, so if you sense there has been a mistake 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 give 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 prove their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also important to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. As a result if you weren't 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 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 certain 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 confirm its case. However you should let them know that you contest the notice as if not, you can be expecting 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 advise 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 purchase.