Bury Parking

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Bury Parking

Bury parking in Lancashire is getting more challenging by the day. There look to be additional double yellow lines, added traffic wardens, a reduced amount of free car parking and even supermarkets 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 Bury. If you have established a parking ticket or fine at the same time as parking in Bury, then we are here to lend a hand.

At the outset there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is essential for your wallet that you are clear about which notice you've received. If the ticket is an official notice from Bury council or Bury police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices 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 PCN issued by a council or police force then you should refer to the Bury council or Bury police for counsel on what to do after that. Bury council will have thorough information on their web pages 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.

As a rule they present a discount (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice ought to also include clear detail of what parking violation you are accused of committing and include any data, such as a photograph, which is being relied upon to corroborate you committed the offence. Importantly, the Penalty Charge Notice should also include 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 collect a pcn, it is always a nice idea to get independent guidance from the Bury Citizen's Advice Bureau, or a Bury lawyer. The Law Society can provide details of a Bury 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 a contract with a landowner 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 one already there - they will set out restrictions frequently in a warning 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, particularly if the notice is clear and prominently displayed and you are hence entering into a deal with the business running the car park.

More often than not, such restrictions will involve a set time limit, a requisite to pay and display or a no-return policy. The T&C's of the car park should be displayed openly 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 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 are not, you may want to write to the company to appeal the charge.

The key variance 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. Hence they shouldn't be described as penalties or fines, although many 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 application for costs. The total 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 payment should be acceptable and in line with the loss suffered by the business, although excessive 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 an oversight 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 provide 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 Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also important 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. Thus 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 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 certain 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 bear out its case. However you should let them know that you contest the notice as if not, you can count on 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. 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 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 buy.