Workington Parking

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Workington Parking

Workington parking in Cumbria is getting harder by the day. There appear to be additional yellow lines, added 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?

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

At the outset there are 2 different types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are clear about which one you have received. If the ticket is a bureaucratic notice from Workington council or Workington police then you have 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 illegally on municipal property. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.

If you have received a PCN issued by a council or police force then you ought to refer to the Workington council or Workington police for suggestion on what to do after that. Workington council will have comprehensive instructions 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.

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

The notice must in addition include plain detail of what parking violation you are accused of doing and contain any data, such as a photograph, which is being relied upon to show you committed the offence. Crucially, the notice should also contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals modus operandi and the timescales involved.

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

If you have got 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 agreement with a landowner to enforce any parking restrictions he or she chooses to place on their terrain.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily in a sign displayed on the land which you agree to abide by when you park on that terrain. 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 as a result entering into a contract with the business running the car park.

More often than not, such restrictions will include a set time limit, an obligation to pay and display or a no-return policy. The T&C's of the car park should be displayed plainly and concisely on signs as you enter the car park and at further points across the site, along with information about parking charges and any subsequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are properly displayed at the car park in question. If you find they are not, you may wish to write to the business to appeal the charge.

The most important differentiation concerning an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Consequently they should not be described as penalties or fines, even though various 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 compensation. The total 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 rate ought to be affordable and in line with the loss suffered by the company, although excessive 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 sense 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 provide 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 show their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also worthy to note that, as things presently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. Consequently 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 provide 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 confident 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 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. As a result, 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 demonstrate 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 stuff you want to buy.