Farnborough Parking

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Farnborough Parking

Farnborough parking in Hampshire is getting more problematical by the day. There look to be further yellow lines, more 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 uk comprehensive can assist you with your parking in Farnborough. If you have established a parking fine or ticket at the same time as parking in Farnborough, then we are here to assist.

To start with there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is essential for your wallet that you are unmistakable about which notice you have received. If the ticket is a formal notice from Farnborough council or Farnborough 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 public 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 ought to refer to the Farnborough council or Farnborough police for guidance on what to do next. Farnborough council will have detailed instructions on their web pages 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.

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

The Penalty Charge Notice should in addition contain comprehensible detail of what parking violation you are accused of committing and contain any evidence, such as a video, which is being relied upon to confirm you committed the offence. Crucially, the PCN ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals system and the timescales involved.

If you are in any uncertainty as to what to do when you are given a penalty charge notice, it is always a safe idea to seek independent advice from the Farnborough Citizen's Advice Bureau, or a Farnborough lawyer. The Law Society can provide details of a Farnborough solicitor.

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

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions regularly in a sign 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, especially if the notice is clear and prominently displayed and you are therefore entering into a contract with the business running the car park.

More often than not, such restrictions will involve a set time limit, a necessity to pay and display or a no-return policy. The T&C's 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 fees and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you discover they are not, you may wish to write to the company to appeal the charge.

The key variance concerning 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. For that reason 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 entitlement for costs. The total they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this rate ought to be reasonable and in line with the loss suffered by the business, even though 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 mistake and you shouldn't have been issued a ticket, you may wish to dispute the charge with the parking company as soon as possible. You should ask them to give 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 bear out their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Bear in mind 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 exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. Therefore 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 car, 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can count on a sequence 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 reasonable.

The bottom line is it is 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 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 buy.