Ripley Parking

Church | Schools

Ripley Parking

Ripley parking in Derbyshire is getting harder by the day. There seem to be more 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?

Hopefully we can help you with your parking in Ripley. If you have established a parking fine or ticket at the same time as parking in Ripley, then we are here to make your life a bit easier.

First of all there are 2 distinct 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 one you have received. If the ticket is a formal notice from Ripley council or Ripley 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 wrongly on municipal land. 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 Ripley council or Ripley police for instruction on what to do after that. Ripley council will have complete advice 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.

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

The PCN ought to also contain unmistakable detail of what parking violation you are accused of doing and contain any verification, such as a photograph, which is being relied upon to show you committed the offence. Significantly, the notice must 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 uncertainty as to what to do when you receive a pcn, it is always a good idea to get independent guidance from the Ripley Citizen's Advice Bureau, or a Ripley lawyer. The Law Society can provide details of a Ripley solicitor.

If you have received 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 landlord to enforce any parking restrictions he or she chooses to place on their terrain.

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

More often than not, such restrictions will include a set time limit, a requisite 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 location, along with information 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 correctly displayed at the car park in question. If you discover they are not, you may wish to write to the company to appeal the charge.

The chief differentiation relating an official penalty charge issued by the establishment 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. For that reason they should not be described as penalties or fines, even though loads 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 compensation. 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 payment should be realistic and in line with the loss suffered by the company, although 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 recover a parking charge from you without first taking you to court, so if you believe there has been a mistake 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 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 corroborate their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also crucial to note that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. So if you weren't 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 supply 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 convinced 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 prove its case. However you should let them know that you contest the notice as if not, you can count on 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. 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 fair.

The bottom line is it is going to be very hard for these companies to show 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 things you want to acquire.