Wadebridge Parking

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Wadebridge Parking

Wadebridge parking in Cornwall is getting more problematical by the day. There appear to be additional 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?

With a bit of luck uk comprehensive can help you with your parking in Wadebridge. If you have received a parking fine or ticket whilst parking in Wadebridge, then we are here to lend a hand.

First there are two separate types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are clear about which notice you have received. If the ticket is a bureaucratic notice from Wadebridge council or Wadebridge 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 wrongly on public 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 should refer to the Wadebridge council or Wadebridge police for guidance on what to do next. Wadebridge council will have complete 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 frame.

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

The Penalty Charge Notice should as well contain plain detail of what parking violation you are accused of doing and include any confirmation, such as a photograph, which is being relied upon to verify you committed the offence. Significantly, the PCN ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

If you are in any reservation as to what to do when you collect a penalty charge notice, it is always a nice idea to get independent advice from the Wadebridge Citizen's Advice Bureau, or a Wadebridge lawyer. The Law Society can provide details of a Wadebridge 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 he or she chooses to place on their terrain.

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

More often than not, such restrictions will involve a set time limit, a necessity 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 other points across the site, along with info 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 want to write to the company to appeal the charge.

The major distinction 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. 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 an application for damages. The sum 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 charge ought to be reasonable and in line with the loss suffered by the company, even though excessive 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 error and you should not 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 confirmation 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 bear out their case in court, but it is advisable to seek advice from the CAB 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 imperative to write down that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Thus if you were not 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 impart 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 assured 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 bear out its case. However you should let them know that you contest the notice as if not, you can anticipate a progression 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's going to be very hard for these companies to confirm 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 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.