Poulton-le-Fylde Parking

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Poulton-le-Fylde Parking

Poulton-le-Fylde parking in Lancashire is getting more testing by the day. There appear to be more double yellow lines, additional 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?

Hopefully we can assist you with your parking in Poulton-le-Fylde. If you have established a parking fine or ticket at the same time as parking in Poulton-le-Fylde, then we are here to lend a hand.

First there are two 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 transparent about which one you've received. If the ticket is an authoritative notice from Poulton-le-Fylde council or Poulton-le-Fylde police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 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 Poulton-le-Fylde council or Poulton-le-Fylde police for advice on what to do next. Poulton-le-Fylde council will have comprehensive directives 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.

More often than not they supply a reduction (how nice of them) if you pay within a certain time frame.

The notice must as well include plain detail of what parking violation you are accused of committing and include any facts, such as a photograph, which is being relied upon to verify you committed the offence. Crucially, the notice must in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals modus operandi 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 separate opinion from the Poulton-le-Fylde Citizen's Advice Bureau, or a Poulton-le-Fylde lawyer. The Law Society can provide details of a Poulton-le-Fylde solicitor.

If you have received 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 union 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 existing one - they will set out restrictions ordinarily in a notice 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, specifically if the notice is clear and prominently displayed and you are consequently entering into a deal 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 clearly and concisely on signs as you enter the car park and at extra points across the location, along with info about parking charges and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are correctly displayed at the car park in question. If you discover they aren't, you may want to write to the company to appeal the charge.

The core differentiation between an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is naught in criminal law to support a penalty or fine for parking on private land. Consequently they shouldn't be described as penalties or fines, although lots of 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 compensation. 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 fair and in line with the loss suffered by the business, 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 have reason there has been a lapse and you shouldn't 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 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 confirm their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. 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 presently stand, the driver of the vehicle is the only 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 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 confident 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 look forward to a progression 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. 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 reasonable.

The bottom line is it's going to be very difficult 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 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 easy to miss when you are busy thinking of all the things you want to buy.