Hayle Parking

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Hayle Parking

Hayle parking in Cornwall is getting more challenging by the day. There seem to be additional 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 any luck uk comprehensive can help you with your parking in Hayle. If you have received a parking ticket or fine at the same time as parking in Hayle, then we are here to make your life a bit easier.

To begin with there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are transparent about which one you have received. If the ticket is a bureaucratic notice from Hayle council or Hayle 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 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 Hayle council or Hayle police for instruction on what to do after that. Hayle council will have comprehensive 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.

As a rule they afford a reduction (how nice of them) if you pay within a set period of time.

The PCN should in addition contain plain detail of what parking violation you are accused of committing and contain any evidence, such as a video, which is being relied upon to demonstrate you committed the offence. Significantly, the notice must also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any reservation as to what to do when you get a penalty charge notice, it is always a nice idea to seek separate opinion from the Hayle Citizen's Advice Bureau, or a Hayle lawyer. The Law Society can provide details of a Hayle 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 a contract with a landlord to enforce any parking restrictions they choose to place on their property.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions usually in a warning displayed on the land which you agree to abide by when you park on that property. 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 hence entering into a deal with the business running the car park.

More often than not, such restrictions will mean a set time limit, a requisite 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 location, along with information about parking charges and any subsequent charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are properly displayed at the car park in question. If you find they are not, you may want to write to the company to appeal the charge.

The key disparity concerning an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is nothing 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 various 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 entitlement for costs. The quantity 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 cost ought to be acceptable and in line with the loss suffered by the business, even though 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 salvage a parking charge from you without first taking you to court, so if you suppose there has been a lapse and you should not 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 give proof 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 show 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. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also foremost to note that, as things now stand, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. For that reason 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 convinced 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 corroborate its case. However you should let them know that you contest the notice as if not, you can be expecting 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's going to be very hard for these companies to show 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 straightforward to miss when you are busy thinking of all the things you want to purchase.