Penmaenmawr Parking

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Penmaenmawr Parking

Penmaenmawr parking in Gwynedd is getting harder by the day. There appear to be further 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 we can help you with your parking in Penmaenmawr. If you have received a parking ticket or fine at the same time as parking in Penmaenmawr, then we are here to help out.

At the outset there are 2 distinct 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 one you've received. If the ticket is a formal notice from Penmaenmawr council or Penmaenmawr police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on public property. 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 Penalty Charge Notice issued by a council or police force then you should refer to the Penmaenmawr council or Penmaenmawr police for counsel on what to do after that. Penmaenmawr council will have detailed advice 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 frame.

More often than not they offer a markdown (how nice of them) if you pay within a certain time frame.

The PCN ought to as well include transparent detail of what parking violation you are accused of committing and include any proof, such as a video, which is being relied upon to corroborate you committed the offence. Importantly, the Penalty Charge Notice must also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals method and the timescales involved.

If you are in any uncertainty as to what to do when you collect a penalty charge notice, it is always a safe idea to get separate opinion from the Penmaenmawr Citizen's Advice Bureau, or a Penmaenmawr lawyer. The Law Society can provide details of a Penmaenmawr solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking business. A private parking business 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 ground.

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

More often than not, such restrictions will include 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 clearly and concisely on signs as you enter the car park and at other points across the location, along with information about parking fees and any consequent 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 find they are not, you may desire to write to the business to appeal the charge.

The most important difference involving an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although 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 application for costs. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the Citizen's Advice Bureau, this rate ought to be sensible and in line with the loss suffered by the company, 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 salvage a parking charge from you without first taking you to court, so if you feel there has been a lapse 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 give proof 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 period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also of the essence to note that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the landowner. Thus 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 convinced 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 anticipate a sequence 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 reasonable.

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 purchase.