Market Weighton Parking

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Market Weighton Parking

Market Weighton parking in Humberside is getting more difficult by the day. There look to be further double 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?

Hopefully we can help you with your parking in Market Weighton. If you have received a parking fine or ticket at the same time as parking in Market Weighton, then we are here to lend a hand.

At the outset there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which notice you've received. If the ticket is an authoritative notice from Market Weighton council or Market Weighton police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue PCN's and it means that you are being fined for parking wrongly on public domain 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 ought to refer to the Market Weighton council or Market Weighton police for guidance on what to do next. Market Weighton council will have comprehensive information 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 frame.

More often than not they present a reduction (how nice of them) if you pay within a certain time frame.

The notice should in addition contain transparent detail of what parking violation you are accused of doing and include any verification, such as a video, which is being relied upon to show you committed the offence. Importantly, the PCN ought to also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any uncertainty as to what to do when you collect a pcn, it is always a good idea to get separate guidance from the Market Weighton Citizen's Advice Bureau, or a Market Weighton lawyer. The Law Society can provide details of a Market Weighton 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 understanding with a landowner to enforce any parking restrictions they choose to place on their property.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily 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 consequently entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, a requirement to pay and display or a no-return policy. The terms and conditions of the car park should be displayed visibly and concisely on signs as you enter the car park and at additional points across the site, along with information about parking charges and any consequent 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 are not, you may want to write to the business to appeal the charge.

The major disparity linking an official penalty charge issued by the authorities and a parking charge issued by a private company 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, 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 application for damages. The quantity 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 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 claim a parking charge from you without first taking you to court, so if you sense there has been a mistake 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 prove their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Remember that the parking operator has to corroborate 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. Consequently if you weren't 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 impart 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 positive 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 verify its case. However you should let them know that you contest the notice as if not, you can count on a progression 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. 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 is 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 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 acquire.