Buxton Parking

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Buxton Parking

Buxton parking in Derbyshire is getting harder by the day. There appear to be additional yellow lines, extra 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 help you with your parking in Buxton. If you have received a parking ticket or fine at the same time as parking in Buxton, then we are here to assist.

First there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is fundamental for your wallet that you are transparent about which notice you've received. If the ticket is an authoritative notice from Buxton council or Buxton police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on civic 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 Buxton council or Buxton police for instruction on what to do after that. Buxton council will have complete 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 limit.

Commonly they supply a discount (how nice of them) if you pay within a set period of time.

The PCN should also contain plain detail of what parking violation you are accused of doing and include any corroboration, such as a video, which is being relied upon to prove you committed the offence. Importantly, the Penalty Charge Notice should in addition include 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 reservation as to what to do when you collect a penalty charge notice, it is always a nice idea to get separate opinion from the Buxton Citizen's Advice Bureau, or a Buxton lawyer. The Law Society can provide details of a Buxton solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into an agreement with a landowner to enforce any parking restrictions they choose to place on their ground.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions more often than not in a notification 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, particularly if the notice is clear and prominently displayed and you are consequently entering into a deal with the business running the car park.

More often than not, such restrictions will include 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 obviously 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 consequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are appropriately displayed at the car park in question. If you find they aren't, you may desire to write to the company to appeal the charge.

The key difference concerning an official penalty charge issued by the authorities 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. Therefore they shouldn't 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 entitlement for compensation. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this payment ought to be fair 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 deem there has been an oversight and you shouldn't 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 make available confirmation 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 CAB or a solicitor before things get to this stage. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also of the essence 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 landlord. Thus 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 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can anticipate a sequence 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. 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 is going to be very hard for these companies to prove 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 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 easy to miss when you are busy thinking of all the stuff you want to buy.