Sutton-on-Hull Parking

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Sutton-on-Hull Parking

Sutton-on-Hull parking in Humberside is getting harder by the day. There appear to be additional yellow lines, more traffic wardens, a lesser amount of 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 we can help you with your parking in Sutton-on-Hull. If you have established a parking fine or ticket whilst parking in Sutton-on-Hull, then we are here to help.

First of all there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are transparent about which one you've received. If the ticket is a legitimate notice from Sutton-on-Hull council or Sutton-on-Hull police then you have been given 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 municipal 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 Penalty Charge Notice issued by a council or police force then you should refer to the Sutton-on-Hull council or Sutton-on-Hull police for advice on what to do after that. Sutton-on-Hull council will have complete instructions on their website 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.

Frequently they offer a markdown (how nice of them) if you pay within a set period of time.

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

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

If you have got 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 landowner to enforce any parking restrictions they choose to place on their land.

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 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, specifically 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 mean a set time limit, an obligation to pay and display or a no-return policy. The T&C's of the car park should be displayed plainly and concisely on signs as you enter the car park and at other points across the location, along with info about parking charges and any subsequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you should check that these terms are properly displayed at the car park in question. If you find they aren't, you may desire to write to the business to appeal the charge.

The main differentiation between an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is naught 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, even though loads of 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 damages. The sum they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this cost should be sensible and in line with the loss suffered by the business, even though 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 salvage a parking charge from you without first taking you to court, so if you feel there has been an error 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 offer proof 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 bear out their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also foremost to write down that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. So if you were not the person driving you may wish to inform the parking company of this right away. Just because you are the registered keeper of the vehicle, you are under no legal obligation to bestow 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 corroborate its case. However you should let them know that you contest the notice as if not, you can be expecting 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 just.

The bottom line is it is going to be very hard for these companies to show 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 acquire.