Havant Parking

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Havant Parking

Havant parking in Hampshire is getting harder by the day. There appear to be additional double yellow lines, extra traffic wardens, less free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can assist you with your parking in Havant. If you have received a parking ticket or fine whilst parking in Havant, then we are here to help out.

To begin with there are two discrete types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are transparent about which notice you have received. If the ticket is an authoritative notice from Havant council or Havant 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 civic property. 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 ought to refer to the Havant council or Havant police for advice on what to do after that. Havant council will have meticulous advice 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.

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

The PCN must as well include unmistakable detail of what parking violation you are accused of doing and contain any data, such as a photograph, which is being relied upon to confirm you committed the offence. Importantly, the Penalty Charge Notice must in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

If you are in any reservation as to what to do when you obtain a penalty charge notice, it is always a nice idea to seek independent guidance from the Havant Citizen's Advice Bureau, or a Havant lawyer. The Law Society can provide details of a Havant solicitor.

If you have received 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 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 customarily in a warning 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 hence entering into a contract with the business running the car park.

More often than not, such restrictions will involve a set time limit, a requirement 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 extra points across the location, along with information about parking charges and any subsequent 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 discover they are not, you may want to write to the company to appeal the charge.

The most important variance involving an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is nothing 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 various 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 a claim for compensation. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the CAB, this charge should be realistic and in line with the loss suffered by the company, although 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 salvage a parking charge from you without first taking you to court, so if you suppose 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 make available confirmation 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. Take into account 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 currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Consequently 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 bestow 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can look forward to 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 fair.

The bottom line is it's going to be very difficult 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 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 straightforward to miss when you are busy thinking of all the things you want to purchase.