Launceston Parking

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Launceston Parking

Launceston parking in Cornwall is getting harder by the day. There seem to be additional yellow lines, added traffic wardens, less free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Confidently uk comprehensive can help you with your parking in Launceston. If you have received a parking fine or ticket whilst parking in Launceston, then we are here to lend a hand.

First there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are transparent about which one you've received. If the ticket is an endorsed notice from Launceston council or Launceston police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on public domain 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 Launceston council or Launceston police for assistance on what to do next. Launceston council will have thorough 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.

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

The notice should also include plain detail of what parking violation you are accused of committing and contain any data, such as a video, which is being relied upon to confirm you committed the offence. Importantly, the PCN should also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals method 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 seek separate opinion from the Launceston Citizen's Advice Bureau, or a Launceston lawyer. The Law Society can provide details of a Launceston 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 landowner to enforce any parking restrictions they choose to place on their terrain.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions typically in a notification 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, specifically if the notice is clear and prominently displayed and you are thus entering into a contract with the business running the car park.

More often than not, such restrictions will include 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 openly 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 ensuing charges which could be incurred for failing to comply. If you pick up 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 desire to write to the business to appeal the charge.

The most important difference between an official penalty charge issued by the establishment and a parking charge issued by a private company 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, even though numerous 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 compensation. 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 Citizen's Advice Bureau, this rate ought to be fair and in line with the loss suffered by the business, 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 claim a parking charge from you without first taking you to court, so if you suppose there has been a lapse and you shouldn't 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 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 case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Bear in mind 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. Thus 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 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 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 bear out its case. However you should let them know that you contest the notice as if not, you can be expecting a series 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. 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 reasonable.

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 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 things you want to purchase.