Dronfield Parking

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Dronfield Parking

Dronfield parking in Derbyshire is getting more challenging by the day. There look to be further double yellow lines, more traffic wardens, a smaller amount free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can help you with your parking in Dronfield. If you have received a parking fine or ticket whilst parking in Dronfield, then we are here to assist.

To begin with there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are clear about which notice you have received. If the ticket is an authoritative notice from Dronfield council or Dronfield 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 wrongly on civic 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 Dronfield council or Dronfield police for counsel on what to do next. Dronfield council will have thorough directives on their web pages 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.

More often than not they grant a markdown (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice must in addition contain comprehensible detail of what parking violation you are accused of doing and include any facts, such as a video, which is being relied upon to verify you committed the offence. Significantly, the PCN ought to 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 uncertainty as to what to do when you are given a pcn, it is always a nice idea to get independent advice from the Dronfield Citizen's Advice Bureau, or a Dronfield lawyer. The Law Society can provide details of a Dronfield solicitor.

If you have got 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 a contract with a landlord to enforce any parking restrictions he or she chooses 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 frequently in a notification 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, particularly if the notice is clear and prominently displayed and you are consequently entering into an agreement 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 plainly and concisely on signs as you enter the car park and at additional points across the location, along with info about parking charges and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The main differentiation involving an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is not anything 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 countless 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 costs. 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 CAB, this rate should be fair 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 have reason there has been a blunder 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 offer 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 demonstrate their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this phase. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also important to write down that, as things now exist, the driver of the vehicle is the only 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 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 bear out its case. However you should let them know that you contest the notice as if not, you can be expecting 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 reasonable.

The bottom line is it's 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 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 straightforward to miss when you are busy thinking of all the things you want to purchase.