Colne Parking

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Colne Parking

Colne parking in Lancashire is getting more testing by the day. There appear to be further yellow lines, extra traffic wardens, a smaller amount free car parking and even supermarkets 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 Colne. If you have received a parking ticket or fine whilst parking in Colne, then we are here to lend a hand.

First of all there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is critical for your wallet that you are clear about which one you've received. If the ticket is a bureaucratic notice from Colne council or Colne police then you've been given 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 illegally on civic 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 Penalty Charge Notice issued by a council or police force then you should refer to the Colne council or Colne police for information on what to do next. Colne council will have thorough directives 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 limit.

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

The PCN ought to also contain clear detail of what parking violation you are accused of committing and include any indication, such as a video, which is being relied upon to confirm you committed the offence. Crucially, the notice should in addition include 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 doubt as to what to do when you get a pcn, it is always a nice idea to get independent opinion from the Colne Citizen's Advice Bureau, or a Colne lawyer. The Law Society can provide details of a Colne solicitor.

If you have got 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 he or she chooses to place on their property.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions ordinarily 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, particularly if the notice is clear and prominently displayed and you are hence entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a requirement to pay and display or a no-return policy. The terms and conditions of the car park should be displayed openly and concisely on signs as you enter the car park and at extra points across the site, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are appropriately 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 core divergence involving 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. Therefore they shouldn't be described as penalties or fines, even though various 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 compensation. 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 CAB, this rate should be sensible and in line with the loss suffered by the business, even though 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 deem there has been an error 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 give evidence 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 confirm their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also worthy to note that, as things presently exist, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. 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 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 confident 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 prove 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 just.

The bottom line is it's going to be very hard for these companies to confirm 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.