Maldon Parking

Church | Schools

Maldon Parking

Maldon parking in Essex is getting more challenging by the day. There appear to be more yellow lines, more 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?

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

To begin with there are 2 discrete 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 notice you've received. If the ticket is a bureaucratic notice from Maldon council or Maldon police then you have been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally 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 PCN issued by a council or police force then you should refer to the Maldon council or Maldon police for opinion on what to do after that. Maldon council will have detailed advice 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.

Frequently they offer a reduction (how nice of them) if you pay within a certain time frame.

The notice must in addition contain obvious detail of what parking violation you are accused of doing and contain any evidence, such as a video, which is being relied upon to prove you committed the offence. Importantly, the notice must also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals modus operandi and the timescales involved.

If you are in any doubt as to what to do when you obtain a penalty charge notice, it is always a safe idea to seek independent advice from the Maldon Citizen's Advice Bureau, or a Maldon lawyer. The Law Society can provide details of a Maldon 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 an understanding with a landlord to enforce any parking restrictions they choose to place on their land.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily in a notice 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 thus entering into a contract with the business running the car park.

More often than not, such restrictions will comprise 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 obviously and concisely on signs as you enter the car park and at further points across the location, along with information about parking charges and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are appropriately displayed at the car park in question. If you find they aren't, you may wish to write to the company to appeal the charge.

The core disparity involving an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although 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 application for costs. The quantity they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the Citizen's Advice Bureau, this payment ought to be sensible 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 claim a parking charge from you without first taking you to court, so if you feel there has been an error 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 give 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 corroborate their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also foremost to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. Therefore 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 supply 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 bear out 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. 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 is 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 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 purchase.