Westerham Parking

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Westerham Parking

Westerham parking in Kent is getting more difficult by the day. There appear to be further double yellow lines, more 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?

Confidently uk comprehensive can assist you with your parking in Westerham. If you have received a parking fine or ticket whilst parking in Westerham, then we are here to assist.

Firstly there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are transparent about which one you've received. If the ticket is an official notice from Westerham council or Westerham 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 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 Westerham council or Westerham police for recommendation on what to do after that. Westerham council will have comprehensive advice 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.

By and large they make available a reduction (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice ought to as well contain unmistakable detail of what parking violation you are accused of committing and contain any verification, such as a video, which is being relied upon to confirm you committed the offence. Importantly, the Penalty Charge Notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any reservation as to what to do when you are given a penalty charge notice, it is always a nice idea to get independent advice from the Westerham Citizen's Advice Bureau, or a Westerham lawyer. The Law Society can provide details of a Westerham 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 understanding with a landlord to enforce any parking restrictions he or she chooses to place on their property.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions usually in a warning 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 then entering into a contract with the business running the car park.

More often than not, such restrictions will mean a set time limit, a necessity 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 extra points across the location, along with info about parking fees and any consequent 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 are not, you may desire to write to the company to appeal the charge.

The core difference linking an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. Consequently they shouldn't be described as penalties or fines, even though numerous 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 a claim 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 charge ought to be rational 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 claim a parking charge from you without first taking you to court, so if you sense 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 prove their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. So 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 provide the parking operator with any further information, 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 rules 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 be expecting a string 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 fair.

The bottom line is it's going to be very hard 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 things you want to buy.