Bodmin Parking

Church | Schools

Bodmin Parking

Bodmin parking in Cornwall is getting more challenging by the day. There seem to be more yellow lines, more 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 assist you with your parking in Bodmin. If you have received a parking ticket or fine at the same time as parking in Bodmin, then we are here to lend a hand.

To start with there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which notice you have received. If the ticket is a formal notice from Bodmin council or Bodmin police then you have been given a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on municipal land. 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 Bodmin council or Bodmin police for guidance on what to do next. Bodmin 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.

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

The notice ought to in addition contain comprehensible detail of what parking violation you are accused of committing and include any indication, such as a video, which is being relied upon to demonstrate you committed the offence. Significantly, the notice must 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 uncertainty as to what to do when you obtain a pcn, it is always a good idea to get independent advice from the Bodmin Citizen's Advice Bureau, or a Bodmin lawyer. The Law Society can provide details of a Bodmin 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 agreement with a landowner to enforce any parking restrictions he or she chooses to place on their property.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily in a warning 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 as a result entering into a deal with the business running the car park.

More often than not, such restrictions will mean 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 noticeably and concisely on signs as you enter the car park and at additional points across the site, along with info about parking charges and any ensuing 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 accurately displayed at the car park in question. If you find they are not, you may wish to write to the company to appeal the charge.

The chief disparity linking an official penalty charge issued by the authorities 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. Consequently they shouldn't be described as penalties or fines, although loads 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 entitlement for compensation. The total they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this rate should be affordable and in line with the loss suffered by the company, even though 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 deem there has been an error 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 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 corroborate their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau 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 foremost to note that, as things currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Therefore 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 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 confident that you have not parked in contravention of the regulations 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to a string 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 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 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 stuff you want to buy.