Ticehurst Parking

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Ticehurst Parking

Ticehurst parking in East Sussex is getting harder by the day. There seem to be further yellow lines, additional traffic wardens, a lesser amount of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can assist you with your parking in Ticehurst. If you have received a parking ticket or fine at the same time as parking in Ticehurst, then we are here to lend a hand.

First of all there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are clear about which one you've received. If the ticket is a legitimate notice from Ticehurst council or Ticehurst police then you've 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 wrongly on public domain property. 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the Ticehurst council or Ticehurst police for advice on what to do next. Ticehurst council will have comprehensive information 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.

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

The Penalty Charge Notice should in addition include comprehensible detail of what parking violation you are accused of committing and include any evidence, such as a photograph, which is being relied upon to establish you committed the offence. Importantly, the notice must also contain 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 advice from the Ticehurst Citizen's Advice Bureau, or a Ticehurst lawyer. The Law Society can provide details of a Ticehurst 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 understanding with a landowner 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 frequently 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, especially if the notice is clear and prominently displayed and you are consequently entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a necessity to pay and display or a no-return policy. The T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at extra points across the location, along with information about parking fees and any ensuing charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are accurately 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 key disparity linking an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is not anything 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 scores of 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 costs. The amount they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this charge ought to be fair 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 salvage a parking charge from you without first taking you to court, so if you feel there has been a mistake and you should not 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 make available 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 bear out their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also crucial to note that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. 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 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 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 prove its case. However you should let them know that you contest the notice as if not, you can be expecting 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. 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 hard for these companies to show 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 buy.