Tooting Parking

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Tooting Parking

Tooting parking in Greater London is getting more testing by the day. There look to be more double yellow lines, added traffic wardens, a reduced amount of free car parking and even superstores 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 Tooting. If you have established a parking fine or ticket whilst parking in Tooting, then we are here to help.

First of all there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is essential for your wallet that you are clear about which one you have received. If the ticket is a formal notice from Tooting council or Tooting police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking illegally on civic 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 ought to refer to the Tooting council or Tooting police for counsel on what to do after that. Tooting council will have thorough directives 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 frame.

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

The notice ought to also include comprehensible detail of what parking violation you are accused of committing and contain any indication, such as a video, which is being relied upon to verify you committed the offence. Crucially, 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 process and the timescales involved.

If you are in any reservation as to what to do when you are given a penalty charge notice, it is always a good idea to get independent guidance from the Tooting Citizen's Advice Bureau, or a Tooting lawyer. The Law Society can provide details of a Tooting solicitor.

If you have got 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 pact with a landlord to enforce any parking restrictions he or she chooses to place on their property.

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, especially if the notice is clear and prominently displayed and you are hence entering into a deal with the business running the car park.

More often than not, such restrictions will include 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 extra points across the location, along with information about parking fees and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you ought to 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 company to appeal the charge.

The key differentiation concerning an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is naught in criminal law to support a penalty or fine for parking on private land. Hence they should not 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 compensation. The amount 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 charge should be sensible and in line with the loss suffered by the business, although excessive 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 salvage 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 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 corroborate their case 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 significant to note that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Therefore if you were not 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 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 certain 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 confirm its case. However you should let them know that you contest the notice as if not, you can look forward to a progression 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 just.

The bottom line is it is 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 advise 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.