Lostwithiel Parking

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Lostwithiel Parking

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

With any luck uk comprehensive can assist you with your parking in Lostwithiel. If you have established a parking fine or ticket at the same time as parking in Lostwithiel, then we are here to help.

At the outset there are two distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is very important for your wallet that you are unmistakable about which one you have received. If the ticket is an official notice from Lostwithiel council or Lostwithiel police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices 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 not paying your fine.

If you have received a PCN issued by a council or police force then you should refer to the Lostwithiel council or Lostwithiel police for recommendation on what to do after that. Lostwithiel council will have detailed advice 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.

Commonly they present a discount (how nice of them) if you pay within a certain time frame.

The notice ought to in addition include unmistakable detail of what parking violation you are accused of committing and include any support, such as a video, which is being relied upon to confirm you committed the offence. Importantly, the notice should 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 pick up a penalty charge notice, it is always a nice idea to get separate opinion from the Lostwithiel Citizen's Advice Bureau, or a Lostwithiel lawyer. The Law Society can provide details of a Lostwithiel 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 an understanding with a landlord to enforce any parking restrictions he or she chooses to place on their ground.

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

More often than not, such restrictions will comprise a set time limit, a requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed obviously and concisely on signs as you enter the car park and at extra points across the location, along with info about parking fees and any subsequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are accurately 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 key difference linking an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. Hence they shouldn't 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 an application for damages. The amount they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this cost should be fair and in line with the loss suffered by the business, even though 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 believe there has been a misunderstanding 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 make available 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 demonstrate their case in court, but it is advisable to seek advice from the CAB 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 imperative to write down that, as things presently exist, 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 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 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 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 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 reasonable.

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 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 stuff you want to buy.