Westcliff Parking

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Westcliff Parking

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

At the outset there are 2 various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which notice you have received. If the ticket is an endorsed notice from Westcliff council or Westcliff 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 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 ought to refer to the Westcliff council or Westcliff police for advice on what to do next. Westcliff 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.

Typically they present a discount (how nice of them) if you pay within a set period of time.

The PCN should in addition contain obvious detail of what parking violation you are accused of committing and contain any verification, such as a video, which is being relied upon to prove you committed the offence. Significantly, the notice ought to in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals method and the timescales involved.

If you are in any uncertainty as to what to do when you are given a penalty charge notice, it is always a safe idea to seek separate advice from the Westcliff Citizen's Advice Bureau, or a Westcliff lawyer. The Law Society can provide details of a Westcliff 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 an arrangement with a landlord to enforce any parking restrictions they choose 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 usually in a notification 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 thus entering into a contract with the business running the car park.

More often than not, such restrictions will include a set time limit, a prerequisite to pay and display or a no-return policy. The T&C's of the car park should be displayed plainly 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 subsequent charges which could be incurred for failing to comply. If you collect 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 want to write to the company to appeal the charge.

The key variance concerning an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is nothing 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 scores of 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 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 CAB, this payment ought to be fair 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 claim a parking charge from you without first taking you to court, so if you deem 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 give evidence 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 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 period. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also vital to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. 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 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 positive 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 anticipate a succession 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 show 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 easy to miss when you are busy thinking of all the things you want to buy.