Eastbourne Parking

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Eastbourne Parking

Eastbourne parking in East Sussex is getting more challenging by the day. There appear to be additional yellow lines, extra 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?

Confidently uk comprehensive can assist you with your parking in Eastbourne. If you have established a parking fine or ticket whilst parking in Eastbourne, then we are here to help.

Firstly there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are clear about which one you've received. If the ticket is an endorsed notice from Eastbourne council or Eastbourne police then you've 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 wrongly on public domain 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 Eastbourne council or Eastbourne police for recommendation on what to do next. Eastbourne 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 implicated if you fail to pay within the time frame.

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

The PCN ought to also include comprehensible detail of what parking violation you are accused of committing and contain any verification, such as a video, which is being relied upon to establish you committed the offence. Importantly, the PCN ought to in addition include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals process and the timescales involved.

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

If you have received a Parking Charge Notice then you have received this from a private parking business. 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 land.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily 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, especially if the notice is clear and prominently displayed and you are then entering into a contract with the business running the car park.

More often than not, such restrictions will include a set time limit, a requisite to pay and display or a no-return policy. The T&C's of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra points across the location, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you receive a parking charge notice you ought to check that these terms are accurately displayed at the car park in question. If you discover they aren't, you may desire to write to the business to appeal the charge.

The key divergence relating an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is zilch in criminal law to support a penalty or fine for parking on private land. For that reason they shouldn't be described as penalties or fines, even though countless 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 entitlement 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 realistic and in line with the loss suffered by the business, although extreme 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 recover a parking charge from you without first taking you to court, so if you sense there has been a misunderstanding 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 offer 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 bear out their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also crucial to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landowner. So 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 vehicle, you are under no legal obligation to provide the parking operator with any further info, 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to a string 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 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 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.