Bordon Parking

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Bordon Parking

Bordon parking in Hampshire is getting harder by the day. There appear to be additional double yellow lines, additional 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 help you with your parking in Bordon. If you have established a parking ticket or fine at the same time as parking in Bordon, then we are here to lend a hand.

To start with there are 2 separate types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are clear about which notice you've received. If the ticket is an official notice from Bordon council or Bordon police then you've 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 civic 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 PCN issued by a council or police force then you should refer to the Bordon council or Bordon police for instruction on what to do next. Bordon council will have complete instructions 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.

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

The PCN should also contain plain detail of what parking violation you are accused of committing and contain any facts, such as a video, which is being relied upon to verify you committed the offence. Importantly, the Penalty Charge Notice should in addition contain 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 obtain a pcn, it is always a nice idea to get independent counsel from the Bordon Citizen's Advice Bureau, or a Bordon lawyer. The Law Society can provide details of a Bordon solicitor.

If you have got 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 an agreement with a landowner to enforce any parking restrictions he or she chooses to place on their terrain.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions customarily in a notice 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 hence entering into a deal with the business running the car park.

More often than not, such restrictions will include 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 noticeably and concisely on signs as you enter the car park and at further points across the location, 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 properly displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The chief variance relating an official penalty charge issued by the authorities 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. Hence they shouldn't be described as penalties or fines, even though scores of parking operators will label their notices a Parking Charge Notice, which handily also abbreviates to PCN (what a coincidence!).

In issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for damages. The amount 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 rate ought to be reasonable and in line with the loss suffered by the company, 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 get back a parking charge from you without first taking you to court, so if you believe there has been an error 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 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 prove their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also foremost to write down that, as things presently exist, the driver of the vehicle is the only 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 right 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 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can anticipate a string 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's going to be very hard 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 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.