Penwortham Parking

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Penwortham Parking

Penwortham parking in Lancashire is getting harder by the day. There appear to be additional double 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?

With any luck uk comprehensive can help you with your parking in Penwortham. If you have established a parking fine or ticket whilst parking in Penwortham, then we are here to assist.

At the outset there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is critical for your wallet that you are transparent about which one you've received. If the ticket is an endorsed notice from Penwortham council or Penwortham police then you have been given 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 illegally on civic land. 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 Penwortham council or Penwortham police for suggestion on what to do next. Penwortham council will have complete information 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 limit.

Frequently they supply a markdown (how nice of them) if you pay within a certain time frame.

The PCN must in addition contain obvious detail of what parking violation you are accused of doing and include any verification, such as a photograph, which is being relied upon to prove you committed the offence. Importantly, the PCN ought to also 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 reservation as to what to do when you get a penalty charge notice, it is always a nice idea to get independent counsel from the Penwortham Citizen's Advice Bureau, or a Penwortham lawyer. The Law Society can provide details of a Penwortham solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking company. A private parking company is an organisation which has entered into an agreement with a landlord to enforce any parking restrictions they choose to place on their land.

A landowner 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 property. 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 therefore entering into a contract 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 terms and conditions of the car park should be displayed openly and concisely on signs as you enter the car park and at other points across the location, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you find they aren't, you may desire to write to the business to appeal the charge.

The core differentiation involving an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is naught 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, although countless 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 costs. 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 rate 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 get back a parking charge from you without first taking you to court, so if you deem there has been an oversight 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 make available proof 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. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also important to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. Consequently if you were not 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 impart 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 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 corroborate 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 reasonable.

The bottom line is it is going to be very hard for these companies to show 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 straightforward to miss when you are busy thinking of all the things you want to purchase.