Paignton Parking

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Paignton Parking

Paignton parking in Devon is getting harder by the day. There look 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?

Confidently uk comprehensive can help you with your parking in Paignton. If you have received a parking ticket or fine at the same time as parking in Paignton, then we are here to assist.

At the outset there are two separate 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 a formal notice from Paignton council or Paignton police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's and it means that you are being fined for parking illegally on public domain 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 Penalty Charge Notice issued by a council or police force then you should refer to the Paignton council or Paignton police for suggestion on what to do next. Paignton council will have meticulous 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 limit.

Frequently they grant a discount (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice should in addition include plain detail of what parking violation you are accused of committing and contain any data, such as a photograph, which is being relied upon to prove you committed the offence. Crucially, the notice ought to also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals system and the timescales involved.

If you are in any reservation as to what to do when you obtain a penalty charge notice, it is always a nice idea to get separate counsel from the Paignton Citizen's Advice Bureau, or a Paignton lawyer. The Law Society can provide details of a Paignton solicitor.

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

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions usually in a warning 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 for that reason entering into a contract with the business running the car park.

More often than not, such restrictions will mean a set time limit, a condition to pay and display or a no-return policy. The terms and conditions of the car park should be displayed visibly and concisely on signs as you enter the car park and at additional points across the location, along with information about parking charges and any ensuing charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are appropriately 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 key difference relating an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is nothing 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 numerous 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 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 CAB, this charge ought to be acceptable and in line with the loss suffered by the business, even though extreme 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 claim a parking charge from you without first taking you to court, so if you believe there has been a blunder 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 give proof of their argument 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 show their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also of great consequence 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 property-owner. As a result 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 car, you are under no legal obligation to supply 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 corroborate its case. However you should let them know that you contest the notice as if not, you can count on a succession of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely 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 is going to be very difficult for these companies to confirm 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 acquire.