Ardwick Parking

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Ardwick Parking

Ardwick parking in Greater Manchester is getting more problematical by the day. There look to be further double 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 we can assist you with your parking in Ardwick. If you have received a parking fine or ticket at the same time as parking in Ardwick, then we are here to lend a hand.

Firstly there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you've received. If the ticket is an authoritative notice from Ardwick council or Ardwick police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's 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 Ardwick council or Ardwick police for opinion on what to do next. Ardwick council will have comprehensive 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.

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

The PCN should in addition include plain detail of what parking violation you are accused of doing and include any support, such as a video, which is being relied upon to prove you committed the offence. Significantly, the notice must also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any doubt as to what to do when you obtain a penalty charge notice, it is always a good idea to seek independent opinion from the Ardwick Citizen's Advice Bureau, or a Ardwick lawyer. The Law Society can provide details of a Ardwick 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 contract 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 typically 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, specifically if the notice is clear and prominently displayed and you are for that reason entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, an obligation to pay and display or a no-return policy. The terms and conditions 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 information about parking charges and any ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you discover they aren't, you may desire to write to the business to appeal the charge.

The most important disparity relating an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they shouldn't be described as penalties or fines, even though 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 an entitlement for compensation. The amount 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 should be rational and in line with the loss suffered by the company, even though 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 recover a parking charge from you without first taking you to court, so if you have reason there has been an oversight and you should not 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 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also of great consequence 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. Therefore 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 info, 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 corroborate its case. However you should let them know that you contest the notice as if not, you can expect 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 fair.

The bottom line is it's 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 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.