Ely Parking

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Ely Parking

Ely parking in Cambridgeshire is getting harder by the day. There look to be further yellow lines, additional traffic wardens, a smaller amount free car parking and even supermarkets 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 Ely. If you have established a parking ticket or fine at the same time as parking in Ely, 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 unmistakable about which one you've received. If the ticket is a legitimate notice from Ely council or Ely police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking illegally on public 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 should refer to the Ely council or Ely police for recommendation on what to do next. Ely council will have detailed instructions on their web pages 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.

Typically they offer a markdown (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice must in addition include transparent detail of what parking violation you are accused of doing and contain any corroboration, such as a video, which is being relied upon to verify you committed the offence. Importantly, the PCN should also include 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 pick up a pcn, it is always a good idea to seek separate opinion from the Ely Citizen's Advice Bureau, or a Ely lawyer. The Law Society can provide details of a Ely solicitor.

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

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions customarily 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, particularly if the notice is clear and prominently displayed and you are then entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a requirement 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 site, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to check that these terms are appropriately displayed at the car park in question. If you discover they aren't, you may want to write to the business to appeal the charge.

The core variance 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. Consequently they should not be described as penalties or fines, although many 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 entitlement for costs. 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 sensible and in line with the loss suffered by the company, even though extreme 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 feel there has been a misunderstanding 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 evidence 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 Citizens Advice Bureau or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also significant to note that, as things currently stand, the driver of the vehicle is the only person who can enter into a contract with the property-owner. Thus 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 car, you are under no legal obligation to bestow 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 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 verify its case. However you should let them know that you contest the notice as if not, you can count on 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. 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 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 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 straightforward to miss when you are busy thinking of all the things you want to purchase.