Tewkesbury Parking

Church | Schools

Tewkesbury Parking

Tewkesbury parking in Gloucestershire is getting harder by the day. There appear to be additional yellow lines, extra traffic wardens, a reduced amount 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 Tewkesbury. If you have established a parking ticket or fine whilst parking in Tewkesbury, then we are here to make your life a bit easier.

Firstly there are two separate types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is critical for your wallet that you are transparent about which notice you've received. If the ticket is a bureaucratic notice from Tewkesbury council or Tewkesbury police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue PCN's and it means that you are being fined for parking illegally on municipal 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 Penalty Charge Notice issued by a council or police force then you should refer to the Tewkesbury council or Tewkesbury police for advice on what to do next. Tewkesbury council will have meticulous directives on their website outlining how long you have got to pay the fine, how to pay the fine and the penalties implicated if you fail to pay within the time frame.

Regularly they supply a reduction (how nice of them) if you pay within a certain time frame.

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

If you are in any doubt as to what to do when you receive a penalty charge notice, it is always a safe idea to get independent opinion from the Tewkesbury Citizen's Advice Bureau, or a Tewkesbury lawyer. The Law Society can provide details of a Tewkesbury solicitor.

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

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions typically 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 hence entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a necessity to pay and display or a no-return policy. The T&C's 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 subsequent 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 find they aren't, you may wish to write to the company to appeal the charge.

The chief difference 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. For that reason they should not be described as penalties or fines, although numerous 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 amount they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this cost 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 get back a parking charge from you without first taking you to court, so if you believe 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 give 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 demonstrate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to note that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. For that reason if you weren't 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 bestow 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 convinced 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 bear out its case. However you should let them know that you contest the notice as if not, you can expect 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 fair.

The bottom line is it's going to be very difficult 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 easy to miss when you are busy thinking of all the stuff you want to purchase.