Penrith Parking

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Penrith Parking

Penrith parking in Cumbria is getting harder by the day. There look to be further yellow lines, more traffic wardens, less 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 assist you with your parking in Penrith. If you have established a parking fine or ticket whilst parking in Penrith, then we are here to help.

At the outset there are 2 separate types of parking ticket which are a Penalty Charge Notice or 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 formal notice from Penrith council or Penrith police then you've been given 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 Penrith council or Penrith police for guidance on what to do next. Penrith council will have detailed 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 limit.

Regularly they afford a reduction (how nice of them) if you pay within a set period of time.

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

If you are in any doubt as to what to do when you obtain a pcn, it is always a nice idea to seek independent advice from the Penrith Citizen's Advice Bureau, or a Penrith lawyer. The Law Society can provide details of a Penrith solicitor.

If you have received 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 an understanding with a landlord to enforce any parking restrictions they choose 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 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, specifically if the notice is clear and prominently displayed and you are then entering into a deal with the business running the car park.

More often than not, such restrictions will mean 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 openly and concisely on signs as you enter the car park and at other points across the site, along with info about parking fees and any ensuing charges which could be incurred for failing to comply. If you collect 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 company to appeal the charge.

The main variance involving an official penalty charge issued by the establishment 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. Therefore they should not 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 giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for costs. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this rate should be reasonable 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 claim a parking charge from you without first taking you to court, so if you feel there has been a lapse 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 give 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 confirm 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. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also significant to write down that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. As a result 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 vehicle, 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 confident 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 verify its case. However you should let them know that you contest the notice as if not, you can be expecting a succession 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 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 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 stuff you want to acquire.