Waltham Abbey Parking

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Waltham Abbey Parking

Waltham Abbey parking in Essex is getting harder by the day. There appear to be further double yellow lines, extra traffic wardens, a smaller amount 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 Waltham Abbey. If you have received a parking ticket or fine whilst parking in Waltham Abbey, then we are here to lend a hand.

First of all there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are unmistakable about which one you have received. If the ticket is an endorsed notice from Waltham Abbey council or Waltham Abbey 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 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 not paying your fine.

If you have received a Penalty Charge Notice issued by a council or police force then you should refer to the Waltham Abbey council or Waltham Abbey police for counsel on what to do after that. Waltham Abbey council will have thorough 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 limit.

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

The Penalty Charge Notice must in addition include unmistakable detail of what parking violation you are accused of committing and include any proof, such as a photograph, which is being relied upon to verify 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 method and the timescales involved.

If you are in any doubt as to what to do when you collect a pcn, it is always a safe idea to seek independent guidance from the Waltham Abbey Citizen's Advice Bureau, or a Waltham Abbey lawyer. The Law Society can provide details of a Waltham Abbey solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into a contract with a landowner to enforce any parking restrictions he or she chooses to place on their terrain.

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, specifically if the notice is clear and prominently displayed and you are consequently entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a prerequisite to pay and display or a no-return policy. The terms and conditions 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 info about parking fees and any consequent charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are appropriately displayed at the car park in question. If you discover they aren't, you may wish to write to the business to appeal the charge.

The main differentiation linking an official penalty charge issued by the authorities 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. Hence they shouldn't be described as penalties or fines, even though lots of 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 quantity 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 cost ought to be rational 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 salvage a parking charge from you without first taking you to court, so if you deem there has been a blunder 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 offer 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 confirm their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also of the essence to note that, as things presently exist, the driver of the vehicle is the only 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 straight away. Just because you are the registered keeper of the car, you are under no legal obligation to provide 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 assured 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 verify its case. However you should let them know that you contest the notice as if not, you can anticipate 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 just.

The bottom line is it is going to be very hard for these companies to establish 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 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 things you want to acquire.