Prestatyn Parking

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Prestatyn Parking

Prestatyn parking in Clwyd is getting harder by the day. There seem to be additional double yellow lines, extra traffic wardens, a lesser amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can help you with your parking in Prestatyn. If you have received a parking fine or ticket whilst parking in Prestatyn, then we are here to make your life a bit easier.

At the outset there are two different 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 formal notice from Prestatyn council or Prestatyn police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's 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 non-payment of the fines.

If you have received a PCN issued by a council or police force then you should refer to the Prestatyn council or Prestatyn police for assistance on what to do after that. Prestatyn council will have thorough information 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.

Habitually they give a markdown (how nice of them) if you pay within a set period of time.

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

If you are in any reservation as to what to do when you pick up a penalty charge notice, it is always a nice idea to get separate advice from the Prestatyn Citizen's Advice Bureau, or a Prestatyn lawyer. The Law Society can provide details of a Prestatyn solicitor.

If you have received 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 a union with a landowner to enforce any parking restrictions he or she chooses to place on their land.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions usually in a notice 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 hence entering into a contract with the business running the car park.

More often than not, such restrictions will comprise a set time limit, a prerequisite to pay and display or a no-return policy. The T&C's of the car park should be displayed visibly and concisely on signs as you enter the car park and at extra points across the site, along with information about parking fees and any consequent 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 aren't, you may want to write to the business to appeal the charge.

The main divergence between 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 shouldn't be described as penalties or fines, even though 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 sum 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 should be acceptable and in line with the loss suffered by the company, although 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 claim a parking charge from you without first taking you to court, so if you suppose there has been an error 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 confirmation 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 show their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to note that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. 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 vehicle, you are under no legal obligation to provide 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 look forward to 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 just.

The bottom line is it is 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 easy to miss when you are busy thinking of all the things you want to purchase.