Cleethorpes Parking

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Cleethorpes Parking

Cleethorpes parking in Humberside is getting more problematical by the day. There seem to be more yellow lines, added 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 a bit of luck we can assist you with your parking in Cleethorpes. If you have received a parking ticket or fine at the same time as parking in Cleethorpes, then we are here to make your life a bit easier.

First of all there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is fundamental for your wallet that you are clear about which notice you've received. If the ticket is an authoritative notice from Cleethorpes council or Cleethorpes police then you've 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 illegally 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 Cleethorpes council or Cleethorpes police for counsel on what to do next. Cleethorpes council will have meticulous information 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.

As a rule they offer a reduction (how nice of them) if you pay within a set period of time.

The PCN ought to as well 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 prove you committed the offence. Importantly, the notice must also contain 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 doubt as to what to do when you pick up a pcn, it is always a safe idea to get independent counsel from the Cleethorpes Citizen's Advice Bureau, or a Cleethorpes lawyer. The Law Society can provide details of a Cleethorpes solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into an arrangement 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 generally in a sign 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, especially 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 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 obviously and concisely on signs as you enter the car park and at extra points across the location, along with info about parking charges and any ensuing 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 discover they are not, you may desire to write to the business to appeal the charge.

The core difference relating an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is not anything in criminal law to support a penalty or fine for parking on private land. Hence they should not be described as penalties or fines, even though lots 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 entitlement for damages. The quantity they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the Citizen's Advice Bureau, this rate should be reasonable and in line with the loss suffered by the company, although extreme 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 claim a parking charge from you without first taking you to court, so if you think there has been an error 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 evidence 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 phase. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also foremost to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. So 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 supply 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 certain 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 corroborate its case. However you should let them know that you contest the notice as if not, you can look forward to a series 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's going to be very difficult for these companies to establish 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.