Hale Parking

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Hale Parking

Hale parking in Cheshire 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?

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

Firstly there are 2 different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are clear about which one you have received. If the ticket is an official notice from Hale council or Hale police then you've 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 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 PCN issued by a council or police force then you ought to refer to the Hale council or Hale police for information on what to do after that. Hale council will have complete instructions 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 limit.

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

The Penalty Charge Notice ought to as well include unmistakable detail of what parking violation you are accused of doing and contain any data, such as a video, which is being relied upon to establish you committed the offence. Importantly, the notice should in addition include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals system and the timescales involved.

If you are in any doubt as to what to do when you pick up a pcn, it is always a safe idea to get independent advice from the Hale Citizen's Advice Bureau, or a Hale lawyer. The Law Society can provide details of a Hale solicitor.

If you have received 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 a pact with a landowner to enforce any parking restrictions they choose to place on their ground.

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 land. 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 an agreement with the business running the car park.

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

The major variance between an official penalty charge issued by the establishment and a parking charge issued by a private company 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 lots 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 an application for costs. The total they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this payment 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 claim a parking charge from you without first taking you to court, so if you suppose 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 provide 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 bear out their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this phase. 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 exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. 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 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 fair.

The bottom line is it is going to be very difficult 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 easy to miss when you are busy thinking of all the stuff you want to purchase.