Bushey Parking

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Bushey Parking

Bushey parking in Hertfordshire is getting more difficult by the day. There look to be more yellow lines, added traffic wardens, a lesser amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

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

To start with there are two distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are clear about which notice you have received. If the ticket is an official notice from Bushey council or Bushey police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council 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 Bushey council or Bushey police for suggestion on what to do next. Bushey council will have detailed instructions on their website 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 limit.

Typically they make available a discount (how nice of them) if you pay within a certain time frame.

The notice ought to also include plain detail of what parking violation you are accused of committing and include any facts, such as a video, which is being relied upon to prove you committed the offence. Crucially, the notice must also include 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 good idea to seek independent advice from the Bushey Citizen's Advice Bureau, or a Bushey lawyer. The Law Society can provide details of a Bushey 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 property.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions typically in a notification 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, particularly if the notice is clear and prominently displayed and you are as a result entering into an agreement 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 terms and conditions of the car park should be displayed clearly and concisely on signs as you enter the car park and at extra points across the site, along with information about parking charges and any subsequent charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you discover they aren't, you may wish to write to the business to appeal the charge.

The main disparity relating an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is naught in criminal law to support a penalty or fine for parking on private land. Consequently 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 giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for costs. The total 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 charge should be reasonable and in line with the loss suffered by the company, 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 recover a parking charge from you without first taking you to court, so if you believe there has been a blunder and you shouldn't 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 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 argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also crucial to note that, as things presently exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Therefore 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 vehicle, 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can expect 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. 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 prove 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 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 stuff you want to acquire.