Exeter Parking

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Exeter Parking

Exeter parking in Devon is getting more challenging by the day. There appear to be additional yellow lines, added traffic wardens, with a reduction 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 Exeter. If you have established a parking fine or ticket at the same time as parking in Exeter, then we are here to make your life a bit easier.

At the outset there are 2 different types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is fundamental for your wallet that you are clear about which notice you've received. If the ticket is an endorsed notice from Exeter council or Exeter police then you've been issued 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 wrongly on civic land. 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 Exeter council or Exeter police for information on what to do next. Exeter council will have detailed instructions 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.

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

The Penalty Charge Notice must also include unmistakable detail of what parking violation you are accused of doing and contain any corroboration, such as a video, which is being relied upon to demonstrate you committed the offence. Importantly, the PCN should in addition 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 reservation as to what to do when you pick up a penalty charge notice, it is always a good idea to get independent counsel from the Exeter Citizen's Advice Bureau, or a Exeter lawyer. The Law Society can provide details of a Exeter 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 an arrangement with a landlord to enforce any parking restrictions they choose to place on their terrain.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions usually 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 consequently entering into a deal with the business running the car park.

More often than not, such restrictions will comprise a set time limit, a requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at further points across the location, along with information about parking charges and any ensuing 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 aren't, you may want to write to the company to appeal the charge.

The major difference between an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although loads of 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 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 Citizen's Advice Bureau, this charge should be rational and in line with the loss suffered by the company, even though 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 recover a parking charge from you without first taking you to court, so if you sense there has been an error 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 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also of the essence to note that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. For that reason 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 car, you are under no legal obligation to impart 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 certain 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 bear out 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 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 straightforward to miss when you are busy thinking of all the things you want to purchase.