Nailsworth Parking

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Nailsworth Parking

Nailsworth parking in Gloucestershire is getting harder by the day. There look to be more yellow lines, extra traffic wardens, less free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can assist you with your parking in Nailsworth. If you have received a parking ticket or fine whilst parking in Nailsworth, then we are here to make your life a bit easier.

First there are two separate types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is fundamental for your wallet that you are transparent about which one you've received. If the ticket is an official notice from Nailsworth council or Nailsworth police then you've 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 illegally on municipal 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 ought to refer to the Nailsworth council or Nailsworth police for instruction on what to do next. Nailsworth council will have complete directives on their website 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.

More often than not they present a markdown (how nice of them) if you pay within a set period of time.

The notice ought to also contain obvious detail of what parking violation you are accused of committing and include any verification, such as a video, which is being relied upon to show you committed the offence. Crucially, the Penalty Charge Notice must also contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

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

If you have received 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 landowner to enforce any parking restrictions they choose to place on their terrain.

A property-owner 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 property. 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 therefore entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, a requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed visibly 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 obtain a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you find they are not, you may want to write to the business to appeal the charge.

The major differentiation linking an official penalty charge issued by the authorities 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. Hence they shouldn't 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 entitlement for compensation. 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 rate ought to be affordable and in line with the loss suffered by the company, although 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 sense there has been an oversight 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 provide confirmation 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 argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to note that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the proprietor. So 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 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 confident 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 be expecting a sequence 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. 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 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 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 acquire.