St. Keverne Parking

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St. Keverne Parking

St. Keverne parking in Cornwall is getting more difficult by the day. There appear to be further double yellow lines, more traffic wardens, with a reduction of 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 St. Keverne. If you have received a parking ticket or fine at the same time as parking in St. Keverne, then we are here to assist.

First of all there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are unmistakable about which notice you have received. If the ticket is an official notice from St. Keverne council or St. Keverne 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 illegally on municipal 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the St. Keverne council or St. Keverne police for suggestion on what to do after that. St. Keverne council will have detailed directives 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 frame.

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

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

If you are in any uncertainty as to what to do when you get a penalty charge notice, it is always a good idea to get independent advice from the St. Keverne Citizen's Advice Bureau, or a St. Keverne lawyer. The Law Society can provide details of a St. Keverne solicitor.

If you have received 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 an agreement with a landlord to enforce any parking restrictions he or she chooses to place on their ground.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions frequently in a sign 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, especially if the notice is clear and prominently displayed and you are for that reason 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 terms and conditions of the car park should be displayed noticeably and concisely on signs as you enter the car park and at other points across the location, along with info about parking fees and any subsequent charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are correctly 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 most important differentiation linking an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is naught in criminal law to support a penalty or fine for parking on private land. For that reason they should not be described as penalties or fines, although many parking operators will label their notices a Parking Charge Notice, which handily also abbreviates to PCN (what a coincidence!).

In giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for costs. The total they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the CAB, this payment should be acceptable and in line with the loss suffered by the company, 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 get back a parking charge from you without first taking you to court, so if you believe there has been a mistake 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 make available evidence 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 prove their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also important to note that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the proprietor. Therefore if you weren't the person driving you may wish to inform the parking company of this straight away. Just because you are the registered keeper of the vehicle, you are under no legal obligation to supply 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 positive 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to 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. Consequently, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is fair.

The bottom line is it's 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 advise 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.