Wythenshawe Parking

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Wythenshawe Parking

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

With any luck uk comprehensive can help you with your parking in Wythenshawe. If you have established a parking ticket or fine whilst parking in Wythenshawe, then we are here to lend a hand.

First of all there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is very important for your wallet that you are transparent about which one you have received. If the ticket is an endorsed notice from Wythenshawe council or Wythenshawe police then you have been given a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices 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 PCN issued by a council or police force then you should refer to the Wythenshawe council or Wythenshawe police for advice on what to do next. Wythenshawe council will have complete instructions 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 limit.

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

The notice should also include clear detail of what parking violation you are accused of doing and contain any facts, such as a video, which is being relied upon to demonstrate you committed the offence. Crucially, the PCN ought to in addition 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 reservation as to what to do when you receive a penalty charge notice, it is always a good idea to get independent opinion from the Wythenshawe Citizen's Advice Bureau, or a Wythenshawe lawyer. The Law Society can provide details of a Wythenshawe solicitor.

If you have received 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 a contract with a landowner to enforce any parking restrictions they choose to place on their property.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions generally in a notice displayed on the land which you agree to abide by when you park on that land. 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 for that reason entering into a deal with the business running the car park.

More often than not, such restrictions will comprise 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 further points across the site, along with info about parking charges 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 aren't, you may want to write to the business to appeal the charge.

The major distinction concerning an official penalty charge issued by the establishment 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, 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 a claim for compensation. The sum 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 charge ought to be affordable 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 get back a parking charge from you without first taking you to court, so if you deem there has been a blunder 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 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 confirm their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also vital to write down that, as things currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Consequently if you weren't the person driving you may wish to inform the parking company of this right 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 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 verify 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. 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 is going to be very difficult for these companies to demonstrate 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.