Penzance Parking

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Penzance Parking

Penzance parking in Cornwall is getting more difficult by the day. There appear to be further 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 Penzance. If you have established a parking fine or ticket at the same time as parking in Penzance, then we are here to make your life a bit easier.

To begin with there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are clear about which one you have received. If the ticket is an authoritative notice from Penzance council or Penzance police then you've been given 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 municipal 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 Penalty Charge Notice issued by a council or police force then you should refer to the Penzance council or Penzance police for guidance on what to do next. Penzance council will have detailed information 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 frame.

Ordinarily they make available a discount (how nice of them) if you pay within a certain time frame.

The PCN should as well include plain detail of what parking violation you are accused of committing and include any data, such as a photograph, which is being relied upon to establish you committed the offence. Importantly, the PCN should also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals process and the timescales involved.

If you are in any uncertainty as to what to do when you are given a pcn, it is always a good idea to get independent opinion from the Penzance Citizen's Advice Bureau, or a Penzance lawyer. The Law Society can provide details of a Penzance solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into a union with a landlord to enforce any parking restrictions he or she chooses 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 frequently in a notification displayed on the land which you agree to abide by when you park on that land. 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 include 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 noticeably and concisely on signs as you enter the car park and at extra points across the location, along with information about parking charges and any consequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you should check that these terms are appropriately 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 chief disparity linking an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is zilch 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 lots 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 CAB, this charge 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 believe there has been an oversight 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 offer 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 demonstrate 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. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to write down that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. For that reason 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 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 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 corroborate its case. However you should let them know that you contest the notice as if not, you can look forward to a succession 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. Consequently, 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 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 easy to miss when you are busy thinking of all the things you want to buy.