Milford Haven Parking

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Milford Haven Parking

Milford Haven parking in Dyfed is getting more testing by the day. There appear to be further yellow lines, added traffic wardens, a smaller amount free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Hopefully we can assist you with your parking in Milford Haven. If you have established a parking fine or ticket at the same time as parking in Milford Haven, then we are here to assist.

To start with there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you've received. If the ticket is an endorsed notice from Milford Haven council or Milford Haven police then you have been given 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 public 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 PCN issued by a council or police force then you should refer to the Milford Haven council or Milford Haven police for opinion on what to do after that. Milford Haven council will have complete advice on their website 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 offer a markdown (how nice of them) if you pay within a set period of time.

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

If you are in any doubt as to what to do when you get a penalty charge notice, it is always a safe idea to get separate advice from the Milford Haven Citizen's Advice Bureau, or a Milford Haven lawyer. The Law Society can provide details of a Milford Haven solicitor.

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

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

More often than not, such restrictions will involve a set time limit, a condition 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 additional points across the location, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you find they are not, you may desire to write to the company to appeal the charge.

The major distinction linking an official penalty charge issued by the authorities 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 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for compensation. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this cost ought to be reasonable and in line with the loss suffered by the company, 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 feel there has been an error 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 provide 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 corroborate their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this phase. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also vital to note that, as things currently 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 straight away. Just because you are the registered keeper of the car, you are under no legal obligation to provide 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 confident 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 prove 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 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 advise 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 straightforward to miss when you are busy thinking of all the things you want to acquire.