Liskeard Parking

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Liskeard Parking

Liskeard parking in Cornwall is getting more testing by the day. There appear to be additional yellow lines, additional traffic wardens, less free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

Confidently we can assist you with your parking in Liskeard. If you have received a parking ticket or fine at the same time as parking in Liskeard, then we are here to make your life a bit easier.

First of all there are 2 different types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are unmistakable about which notice you've received. If the ticket is a legitimate notice from Liskeard council or Liskeard 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 public domain 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 Liskeard council or Liskeard police for counsel on what to do after that. Liskeard council will have complete advice 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.

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

The PCN must as well include unmistakable detail of what parking violation you are accused of committing and contain any proof, such as a video, which is being relied upon to show you committed the offence. Importantly, the Penalty Charge Notice should in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals modus operandi 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 safe idea to seek separate advice from the Liskeard Citizen's Advice Bureau, or a Liskeard lawyer. The Law Society can provide details of a Liskeard solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into an arrangement with a landlord 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 existing one - they will set out restrictions regularly in a notification 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 thus entering into an agreement 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 noticeably and concisely on signs as you enter the car park and at additional points across the location, along with information about parking charges and any consequent charges which could be incurred for failing to comply. If you collect 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 desire to write to the business to appeal the charge.

The core difference linking an official penalty charge issued by the authorities 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. Consequently they should not be described as penalties or fines, although scores 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 total 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 ought to be affordable 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 salvage a parking charge from you without first taking you to court, so if you suppose there has been a blunder 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 provide 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 confirm their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also imperative to note that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. Thus if you weren't 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 bestow 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 convinced 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 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 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 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.