Billericay Parking

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Billericay Parking

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

Hopefully uk comprehensive can assist you with your parking in Billericay. If you have received a parking ticket or fine whilst parking in Billericay, then we are here to make your life a bit easier.

At the outset there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are clear about which one you have received. If the ticket is a legitimate notice from Billericay council or Billericay 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 municipal 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 ought to refer to the Billericay council or Billericay police for suggestion on what to do after that. Billericay council will have comprehensive information 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.

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

The PCN should also include clear detail of what parking violation you are accused of committing and include any confirmation, such as a photograph, which is being relied upon to establish you committed the offence. Significantly, the PCN ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any uncertainty as to what to do when you obtain a pcn, it is always a nice idea to seek separate opinion from the Billericay Citizen's Advice Bureau, or a Billericay lawyer. The Law Society can provide details of a Billericay solicitor.

If you have received 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 a union with a landlord to enforce any parking restrictions he or she chooses to place on their property.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions ordinarily 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, particularly if the notice is clear and prominently displayed and you are then 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 terms and conditions of the car park should be displayed clearly and concisely on signs as you enter the car park and at further points across the site, along with info about parking charges and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are accurately displayed at the car park in question. If you find they are not, you may desire to write to the business to appeal the charge.

The major differentiation involving an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is naught 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 various 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 amount they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this rate should be realistic and in line with the loss suffered by the company, even though excessive 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 get back a parking charge from you without first taking you to court, so if you think 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 make available 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 demonstrate 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 corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Therefore 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 vehicle, you are under no legal obligation to bestow 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 positive 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 corroborate its case. However you should let them know that you contest the notice as if not, you can expect a succession 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 just.

The bottom line is it's going to be very difficult 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 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.