Burnham-on-Crouch Parking

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Burnham-on-Crouch Parking

Burnham-on-Crouch parking in Essex is getting more challenging by the day. There look to be more double yellow lines, added traffic wardens, a reduced amount of free car parking and even supermarkets 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 Burnham-on-Crouch. If you have received a parking fine or ticket whilst parking in Burnham-on-Crouch, then we are here to help.

First 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 clear about which notice you've received. If the ticket is a legitimate notice from Burnham-on-Crouch council or Burnham-on-Crouch police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking illegally on public 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the Burnham-on-Crouch council or Burnham-on-Crouch police for guidance on what to do next. Burnham-on-Crouch council will have thorough information on their website 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.

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

The Penalty Charge Notice must also contain plain detail of what parking violation you are accused of doing and include any support, such as a photograph, which is being relied upon to corroborate you committed the offence. Importantly, the Penalty Charge Notice must in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals process and the timescales involved.

If you are in any uncertainty as to what to do when you obtain a penalty charge notice, it is always a good idea to get independent counsel from the Burnham-on-Crouch Citizen's Advice Bureau, or a Burnham-on-Crouch lawyer. The Law Society can provide details of a Burnham-on-Crouch solicitor.

If you have got 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 contract with a landowner to enforce any parking restrictions they choose to place on their ground.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions more often than not in a notice displayed on the land which you agree to abide by when you park on that land. 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 consequently entering into a deal with the business running the car park.

More often than not, such restrictions will mean 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 noticeably and concisely on signs as you enter the car park and at other points across the location, along with info about parking charges and any subsequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you ought to check that these terms are accurately displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The most important divergence linking an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is naught 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 an entitlement for compensation. The quantity 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 payment ought to be acceptable and in line with the loss suffered by the company, even though 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 salvage a parking charge from you without first taking you to court, so if you feel 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 provide 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 confirm 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. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also worthy 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 right 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 convinced 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 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 reasonable.

The bottom line is it's going to be very hard for these companies to confirm 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 easy to miss when you are busy thinking of all the things you want to purchase.