Loughton Parking

Church | Schools

Loughton Parking

Loughton parking in Essex is getting harder by the day. There look to be further yellow lines, added traffic wardens, with a reduction of 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 help you with your parking in Loughton. If you have received a parking fine or ticket whilst parking in Loughton, then we are here to lend a hand.

First there are 2 different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is fundamental for your wallet that you are unmistakable about which one you have received. If the ticket is an endorsed notice from Loughton council or Loughton police then you have been issued 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 land. 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 PCN issued by a council or police force then you should refer to the Loughton council or Loughton police for recommendation on what to do next. Loughton council will have complete 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.

More often than not they provide a discount (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice should as well contain comprehensible detail of what parking violation you are accused of doing and contain any support, such as a photograph, which is being relied upon to show you committed the offence. Crucially, the PCN must 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 doubt as to what to do when you obtain a pcn, it is always a safe idea to get independent advice from the Loughton Citizen's Advice Bureau, or a Loughton lawyer. The Law Society can provide details of a Loughton solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking business. 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 landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions regularly in a warning 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 for that reason entering into an agreement with the business running the car park.

More often than not, such restrictions will mean 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 clearly and concisely on signs as you enter the car park and at other points across the location, along with information about parking fees 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 correctly displayed at the car park in question. If you discover they aren't, you may want to write to the company to appeal the charge.

The most important variance relating an official penalty charge issued by the authorities 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. Therefore they should not 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 giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for damages. The amount 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 payment 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 claim a parking charge from you without first taking you to court, so if you think there has been a mistake and you shouldn't 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 offer proof of their case 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 prove their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this stage. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also significant to note that, as things currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. For that reason if you were not the person driving you may wish to inform the parking company of this right away. Just because you are the registered keeper of the car, you are under no legal obligation to supply 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 assured 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 bear out its case. However you should let them know that you contest the notice as if not, you can be expecting a series 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's going to be very difficult for these companies to demonstrate 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 acquire.