Yelverton Parking

Church | Schools

Yelverton Parking

Yelverton parking in Devon is getting more problematical by the day. There seem to be additional yellow lines, additional traffic wardens, less 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 Yelverton. If you have received a parking fine or ticket whilst parking in Yelverton, then we are here to help out.

First there are 2 separate 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 have received. If the ticket is an authoritative notice from Yelverton council or Yelverton police then you have 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 illegally 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 Yelverton council or Yelverton police for suggestion on what to do next. Yelverton council will have meticulous instructions on their website 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.

Usually they provide a markdown (how nice of them) if you pay within a certain time frame.

The notice ought to as well contain clear detail of what parking violation you are accused of doing and include any support, such as a video, which is being relied upon to confirm you committed the offence. Crucially, 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 system and the timescales involved.

If you are in any uncertainty as to what to do when you get a pcn, it is always a good idea to seek independent opinion from the Yelverton Citizen's Advice Bureau, or a Yelverton lawyer. The Law Society can provide details of a Yelverton 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 property.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions ordinarily 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 hence entering into a deal with the business running the car park.

More often than not, such restrictions will mean a set time limit, an obligation to pay and display or a no-return policy. The T&C's of the car park should be displayed visibly and concisely on signs as you enter the car park and at extra points across the location, along with information about parking charges and any consequent charges which could be incurred for failing to comply. If you obtain 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 desire to write to the company to appeal the charge.

The most important divergence concerning an official penalty charge issued by the establishment 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. Hence they should not be described as penalties or fines, although various 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 quantity 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 payment ought to be rational and in line with the loss suffered by the business, 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 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 give evidence 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 point. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also important to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. As a result if you were not 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 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 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 corroborate 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 fair.

The bottom line is it's going to be very difficult 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 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 acquire.