Lydney Parking

Church | Schools

Lydney Parking

Lydney parking in Gloucestershire is getting more problematical by the day. There appear to be additional double yellow lines, additional traffic wardens, a smaller amount free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can help you with your parking in Lydney. If you have established a parking fine or ticket at the same time as parking in Lydney, then we are here to lend a hand.

To start with there are 2 discrete types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are clear about which notice you have received. If the ticket is a legitimate notice from Lydney council or Lydney police then you have been given 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 public 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 PCN issued by a council or police force then you should refer to the Lydney council or Lydney police for guidance on what to do after that. Lydney council will have comprehensive instructions 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.

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

The Penalty Charge Notice must in addition contain transparent detail of what parking violation you are accused of committing and include any evidence, such as a video, which is being relied upon to confirm you committed the offence. Crucially, the Penalty Charge Notice should also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals process and the timescales involved.

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

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions regularly in a notification displayed on the land which you agree to abide by when you park on that land. 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 contract 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 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 info about parking fees and any ensuing charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you discover they are not, you may desire to write to the business to appeal the charge.

The chief differentiation between an official penalty charge issued by the authorities and a parking charge issued by a private company 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 scores 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 application for compensation. The sum they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this cost ought to be acceptable and in line with the loss suffered by the business, 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 recover a parking charge from you without first taking you to court, so if you have reason there has been a misunderstanding 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 provide 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 show their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this stage. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also foremost to write down that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Thus 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 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can expect 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 reasonable.

The bottom line is it is going to be very difficult for these companies to confirm 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 acquire.