Moss Side Parking

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Moss Side Parking

Moss Side parking in Greater Manchester is getting more testing by the day. There appear to be additional yellow lines, more traffic wardens, with a reduction of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Hopefully uk comprehensive can help you with your parking in Moss Side. If you have received a parking ticket or fine whilst parking in Moss Side, then we are here to help out.

First of all there are 2 separate types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are transparent about which one you have received. If the ticket is an official notice from Moss Side council or Moss Side police then you have 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 wrongly 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 Moss Side council or Moss Side police for assistance on what to do after that. Moss Side council will have meticulous advice 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.

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

The PCN ought to in addition contain comprehensible detail of what parking violation you are accused of doing and contain any indication, such as a video, which is being relied upon to prove you committed the offence. Significantly, the Penalty Charge Notice must also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals modus operandi and the timescales involved.

If you are in any uncertainty as to what to do when you pick up a pcn, it is always a good idea to seek independent opinion from the Moss Side Citizen's Advice Bureau, or a Moss Side lawyer. The Law Society can provide details of a Moss Side 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 a contract with a landowner to enforce any parking restrictions he or she chooses to place on their ground.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions commonly in a notification 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, particularly if the notice is clear and prominently displayed and you are thus entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, a requisite to pay and display or a no-return policy. The T&C's of the car park should be displayed openly and concisely on signs as you enter the car park and at additional points across the location, along with information about parking fees and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are appropriately displayed at the car park in question. If you find they aren't, you may desire to write to the business to appeal the charge.

The key distinction between an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is naught in criminal law to support a penalty or fine for parking on private land. Therefore they shouldn't be described as penalties or fines, although scores 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 property in question. According to the Citizen's Advice Bureau, this payment ought to be reasonable and in line with the loss suffered by the business, even though extreme 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 recover a parking charge from you without first taking you to court, so if you deem there has been a mistake 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 proof 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 argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also important to note that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the property-owner. As a result 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 vehicle, you are under no legal obligation to impart 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 assured 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 bear out its case. However you should let them know that you contest the notice as if not, you can expect a string 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 just.

The bottom line is it is going to be very difficult for these companies to show 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 get in touch with 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 acquire.