Budleigh Salterton Parking

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Budleigh Salterton Parking

Budleigh Salterton parking in Devon is getting more difficult by the day. There seem to be additional double yellow lines, more traffic wardens, a reduced amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can assist you with your parking in Budleigh Salterton. If you have established a parking ticket or fine at the same time as parking in Budleigh Salterton, then we are here to assist.

Firstly there are two distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are clear about which one you've received. If the ticket is an official notice from Budleigh Salterton council or Budleigh Salterton police then you have 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the Budleigh Salterton council or Budleigh Salterton police for assistance on what to do after that. Budleigh Salterton council will have comprehensive advice 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 limit.

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

The Penalty Charge Notice should as well include plain detail of what parking violation you are accused of doing and contain any confirmation, such as a photograph, which is being relied upon to demonstrate you committed the offence. Importantly, the Penalty Charge Notice must also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any uncertainty as to what to do when you collect a penalty charge notice, it is always a good idea to seek separate advice from the Budleigh Salterton Citizen's Advice Bureau, or a Budleigh Salterton lawyer. The Law Society can provide details of a Budleigh Salterton 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 they choose to place on their property.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions generally 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, specifically if the notice is clear and prominently displayed and you are for that reason entering into a contract with the business running the car park.

More often than not, such restrictions will involve 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 openly and concisely on signs as you enter the car park and at further points across the site, along with info about parking fees and any subsequent charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are correctly 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 main divergence concerning an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is naught in criminal law to support a penalty or fine for parking on private land. Hence they shouldn't 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 a claim for compensation. 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 CAB, this cost ought to be affordable and in line with the loss suffered by the company, although excessive charges are common. This isn't a criminal matter despite any impression given to the contrary by the operator.

The operator has no right to get back a parking charge from you without first taking you to court, so if you suppose there has been an oversight 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 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 bear out their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to note that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. As a result if you weren't 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 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 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 corroborate its case. However you should let them know that you contest the notice as if not, you can look forward to 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 fair.

The bottom line is it is going to be very difficult 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 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 purchase.