Herne Bay Parking

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Herne Bay Parking

Herne Bay parking in Kent is getting harder by the day. There look to be further double yellow lines, extra traffic wardens, with a reduction of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

Hopefully uk comprehensive can help you with your parking in Herne Bay. If you have received a parking fine or ticket whilst parking in Herne Bay, then we are here to lend a hand.

To start with there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are unmistakable about which one you have received. If the ticket is a legitimate notice from Herne Bay council or Herne Bay police then you have 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 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 Herne Bay council or Herne Bay police for guidance on what to do after that. Herne Bay 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 involved if you fail to pay within the time limit.

More often than not they supply a markdown (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice must as well include clear detail of what parking violation you are accused of committing and contain any support, such as a photograph, which is being relied upon to establish you committed the offence. Crucially, the Penalty Charge Notice must also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals process and the timescales involved.

If you are in any uncertainty as to what to do when you obtain a penalty charge notice, it is always a safe idea to seek independent counsel from the Herne Bay Citizen's Advice Bureau, or a Herne Bay lawyer. The Law Society can provide details of a Herne Bay 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 a union with a landlord to enforce any parking restrictions they choose to place on their property.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions usually in a notification 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, especially 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 condition 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 additional points across the site, along with information about parking fees 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 accurately 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 major variance between 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, although loads 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 application for compensation. The total they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this payment ought to be fair and in line with the loss suffered by the business, although extreme 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 recover 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 give confirmation 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 show their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also imperative to note that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. Consequently if you weren't the person driving you may wish to inform the parking company of this right away. Just because you are the registered keeper of the car, 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 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 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 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 things you want to acquire.