Shenfield Parking

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Shenfield Parking

Shenfield parking in Essex is getting harder by the day. There look to be more yellow lines, extra 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 help you with your parking in Shenfield. If you have established a parking fine or ticket at the same time as parking in Shenfield, then we are here to help out.

Firstly there are two discrete types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are transparent about which one you've received. If the ticket is a bureaucratic notice from Shenfield council or Shenfield police then you've 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 wrongly on public domain 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 should refer to the Shenfield council or Shenfield police for guidance on what to do after that. Shenfield council will have detailed information on their web pages 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 frame.

Frequently they make available a markdown (how nice of them) if you pay within a certain time frame.

The PCN should as well include unmistakable detail of what parking violation you are accused of doing and contain any verification, such as a photograph, which is being relied upon to show you committed the offence. Significantly, the Penalty Charge Notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals system and the timescales involved.

If you are in any doubt as to what to do when you pick up a pcn, it is always a good idea to get separate counsel from the Shenfield Citizen's Advice Bureau, or a Shenfield lawyer. The Law Society can provide details of a Shenfield 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 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 one already there - they will set out restrictions generally 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 for that reason entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, an obligation to pay and display or a no-return policy. The terms and conditions of the car park should be displayed plainly and concisely on signs as you enter the car park and at other points across the site, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are properly 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 core difference linking an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. For that reason 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 a claim for damages. The total 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 realistic and in line with the loss suffered by the business, 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 a blunder 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 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this phase. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also vital to note that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the property-owner. Consequently 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 car, you are under no legal obligation to impart 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 confirm its case. However you should let them know that you contest the notice as if not, you can count on a progression 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 reasonable.

The bottom line is it is going to be very hard 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 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 straightforward to miss when you are busy thinking of all the things you want to acquire.