Winsford Parking

Church | Schools

Winsford Parking

Winsford parking in Cheshire is getting more difficult by the day. There seem 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 assist you with your parking in Winsford. If you have received a parking fine or ticket at the same time as parking in Winsford, then we are here to help out.

First of all there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you've received. If the ticket is an official notice from Winsford council or Winsford police then you've been issued 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 wrongly on civic land. 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 PCN issued by a council or police force then you should refer to the Winsford council or Winsford police for suggestion on what to do next. Winsford council will have complete information 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 limit.

Ordinarily they make available a discount (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice must also include clear detail of what parking violation you are accused of committing and contain any evidence, such as a video, which is being relied upon to establish you committed the offence. Crucially, the notice ought to 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 collect a penalty charge notice, it is always a good idea to get separate advice from the Winsford Citizen's Advice Bureau, or a Winsford lawyer. The Law Society can provide details of a Winsford solicitor.

If you have got 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 arrangement with a landowner to enforce any parking restrictions they choose to place on their property.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions frequently in a warning 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 for that reason entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a condition 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 extra points across the location, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you find they aren't, you may desire to write to the business to appeal the charge.

The chief distinction linking 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. Therefore 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 application for costs. The amount 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 charge ought to be rational and in line with the loss suffered by the business, although excessive 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 get back a parking charge from you without first taking you to court, so if you suppose there has been an oversight 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 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 stage. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also of great consequence to write down that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Thus 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 supply 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can count on a progression 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. Consequently, 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 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 easy to miss when you are busy thinking of all the things you want to acquire.