Pembroke Parking

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Pembroke Parking

Pembroke parking in Dyfed is getting harder by the day. There look to be additional yellow lines, extra traffic wardens, a smaller amount free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can help you with your parking in Pembroke. If you have established a parking fine or ticket at the same time as parking in Pembroke, then we are here to help out.

Firstly there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is very important for your wallet that you are transparent about which one you have received. If the ticket is an official notice from Pembroke council or Pembroke police then you have been given 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 wrongly on civic 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 Pembroke council or Pembroke police for assistance on what to do next. Pembroke council will have comprehensive 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 limit.

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

The Penalty Charge Notice should also contain transparent detail of what parking violation you are accused of committing and include any proof, such as a video, which is being relied upon to show you committed the offence. Crucially, the PCN should in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals method and the timescales involved.

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

If you have received 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 an agreement with a landowner 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 regularly in a notification 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 thus 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 openly and concisely on signs as you enter the car park and at additional points across the site, along with info about parking fees and any subsequent 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 properly displayed at the car park in question. If you discover they are not, you may wish to write to the company to appeal the charge.

The most important difference concerning an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, even though 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 a claim for costs. The sum 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 rate ought to be acceptable 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 claim a parking charge from you without first taking you to court, so if you have reason there has been an oversight 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 confirmation 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 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. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also significant to write down that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the proprietor. So 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to a sequence 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. 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 fair.

The bottom line is it is going to be very hard 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 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 easy to miss when you are busy thinking of all the stuff you want to purchase.