Sandwich Parking

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Sandwich Parking

Sandwich parking in Kent is getting more problematical by the day. There seem to be more yellow lines, additional traffic wardens, a smaller amount free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

Confidently uk comprehensive can help you with your parking in Sandwich. If you have established a parking fine or ticket whilst parking in Sandwich, then we are here to help.

Firstly 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 an endorsed notice from Sandwich council or Sandwich 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 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 Sandwich council or Sandwich police for instruction on what to do next. Sandwich council will have meticulous 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 frame.

As a rule they present a markdown (how nice of them) if you pay within a certain time frame.

The PCN must as well include plain detail of what parking violation you are accused of doing and contain any data, such as a photograph, which is being relied upon to corroborate 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 process and the timescales involved.

If you are in any uncertainty as to what to do when you collect a penalty charge notice, it is always a nice idea to get independent counsel from the Sandwich Citizen's Advice Bureau, or a Sandwich lawyer. The Law Society can provide details of a Sandwich 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 a pact with a landlord to enforce any parking restrictions they choose to place on their terrain.

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 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 therefore entering into an agreement with the business running the car park.

More often than not, such restrictions will comprise 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 visibly and concisely on signs as you enter the car park and at further points across the location, along with info about parking fees and any ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to check that these terms are accurately displayed at the car park in question. If you find they aren't, you may want to write to the company to appeal the charge.

The core disparity linking 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. Consequently they should not be described as penalties or fines, although scores 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 damages. The quantity 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 rational and in line with the loss suffered by the company, 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 get back a parking charge from you without first taking you to court, so if you have reason there has been a blunder and you should not 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 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 show their argument 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 significant to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. Thus 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 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 prove its case. However you should let them know that you contest the notice as if not, you can expect 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 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 straightforward to miss when you are busy thinking of all the things you want to acquire.