Groby Parking

Church | Schools

Groby Parking

Groby parking in Leicestershire is getting more difficult by the day. There seem to be more double yellow lines, extra 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?

Confidently we can assist you with your parking in Groby. If you have established a parking ticket or fine whilst parking in Groby, then we are here to assist.

First there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is very important for your wallet that you are unmistakable about which one you have received. If the ticket is a legitimate notice from Groby council or Groby police then you've 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 municipal 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 should refer to the Groby council or Groby police for opinion on what to do next. Groby council will have comprehensive instructions 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 frame.

Frequently they supply a reduction (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice must in addition contain comprehensible detail of what parking violation you are accused of doing and include any support, such as a photograph, which is being relied upon to show you committed the offence. Crucially, the PCN should in addition 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 doubt as to what to do when you pick up a pcn, it is always a good idea to get separate advice from the Groby Citizen's Advice Bureau, or a Groby lawyer. The Law Society can provide details of a Groby solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking business. A private parking business is an organisation which has entered into a pact with a landlord to enforce any parking restrictions he or she chooses to place on their ground.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions commonly 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, especially 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, a condition to pay and display or a no-return policy. The T&C's of the car park should be displayed visibly and concisely on signs as you enter the car park and at extra points across the location, along with information about parking fees and any ensuing charges which could be incurred for failing to comply. If you be given 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 want to write to the business to appeal the charge.

The major distinction linking 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. Consequently they shouldn't be described as penalties or fines, even though loads of 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 a claim for costs. The amount 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 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 recover a parking charge from you without first taking you to court, so if you have reason there has been an oversight 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 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 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 period. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also imperative to note that, as things currently stand, the driver of the vehicle is the only person who can enter into a contract with the property-owner. For that reason 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 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 verify its case. However you should let them know that you contest the notice as if not, you can expect a succession 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 reasonable.

The bottom line is it's 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 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.