Higher Broughton Parking

Church | Schools

Higher Broughton Parking

Higher Broughton parking in Greater Manchester is getting harder by the day. There seem to be additional double yellow lines, extra traffic wardens, with a reduction of 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 we can help you with your parking in Higher Broughton. If you have received a parking ticket or fine whilst parking in Higher Broughton, then we are here to lend a hand.

To begin with there are two different 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 notice you have received. If the ticket is an authoritative notice from Higher Broughton council or Higher Broughton police then you've been issued 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 civic land. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.

If you have received a PCN issued by a council or police force then you should refer to the Higher Broughton council or Higher Broughton police for suggestion on what to do next. Higher Broughton council will have thorough information 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.

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

The notice should also include plain detail of what parking violation you are accused of committing and include any support, such as a video, which is being relied upon to confirm you committed the offence. Importantly, the notice ought to in addition contain 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 doubt as to what to do when you pick up a pcn, it is always a safe idea to seek independent opinion from the Higher Broughton Citizen's Advice Bureau, or a Higher Broughton lawyer. The Law Society can provide details of a Higher Broughton 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 a union with a landlord to enforce any parking restrictions he or she chooses to place on their terrain.

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

More often than not, such restrictions will comprise 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 plainly 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 ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to check that these terms are accurately 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 core difference relating an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is nothing 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 lots of 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 costs. The total they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this cost ought to be fair and in line with the loss suffered by the business, even though 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 salvage a parking charge from you without first taking you to court, so if you suppose there has been an error 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 offer confirmation 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 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 prove 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 only person who can enter into a contract with the landlord. Consequently 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 impart 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 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 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 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 just.

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