Burnley Parking

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Burnley Parking

Burnley parking in Lancashire is getting harder by the day. There seem to be additional 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?

With any luck uk comprehensive can help you with your parking in Burnley. If you have received a parking fine or ticket at the same time as parking in Burnley, then we are here to help.

To start with there are 2 separate types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are clear about which one you have received. If the ticket is an authoritative notice from Burnley council or Burnley 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 civic 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 ought to refer to the Burnley council or Burnley police for counsel on what to do after that. Burnley 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.

By and large they present a reduction (how nice of them) if you pay within a certain time frame.

The notice should as well include plain detail of what parking violation you are accused of doing and include any verification, such as a photograph, which is being relied upon to corroborate you committed the offence. Significantly, the notice ought to also contain 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 receive a pcn, it is always a good idea to seek independent counsel from the Burnley Citizen's Advice Bureau, or a Burnley lawyer. The Law Society can provide details of a Burnley 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 pact with a landowner to enforce any parking restrictions they choose to place on their terrain.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions ordinarily in a notification displayed on the land which you agree to abide by when you park on that land. 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 thus entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, a necessity to pay and display or a no-return policy. The terms and conditions of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra points across the site, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you find they aren't, you may desire to write to the company to appeal the charge.

The key divergence concerning an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is zilch in criminal law to support a penalty or fine for parking on private land. For that reason 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 an entitlement for compensation. The total 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 should be acceptable and in line with the loss suffered by the company, although 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 believe 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 corroborate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this stage. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. So 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 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 certain 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 bear out its case. However you should let them know that you contest the notice as if not, you can anticipate 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. 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 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 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 stuff you want to buy.