Mountsorrel Parking

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Mountsorrel Parking

Mountsorrel parking in Leicestershire is getting more challenging by the day. There seem to be more yellow lines, added 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?

With a bit of luck we can assist you with your parking in Mountsorrel. If you have received a parking fine or ticket at the same time as parking in Mountsorrel, then we are here to lend a hand.

First of all there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is fundamental for your wallet that you are clear about which notice you've received. If the ticket is a legitimate notice from Mountsorrel council or Mountsorrel police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's 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 non-payment of the fines.

If you have received a PCN issued by a council or police force then you should refer to the Mountsorrel council or Mountsorrel police for information on what to do next. Mountsorrel council will have detailed directives 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 afford a reduction (how nice of them) if you pay within a set period of time.

The notice must in addition contain comprehensible detail of what parking violation you are accused of committing and contain any data, such as a video, which is being relied upon to corroborate you committed the offence. Crucially, the notice should in addition include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any reservation as to what to do when you receive a pcn, it is always a safe idea to seek independent opinion from the Mountsorrel Citizen's Advice Bureau, or a Mountsorrel lawyer. The Law Society can provide details of a Mountsorrel 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 an agreement with a landowner to enforce any parking restrictions he or she chooses to place on their land.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions frequently in a sign 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 consequently entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, a necessity to pay and display or a no-return policy. The terms and conditions of the car park should be displayed visibly and concisely on signs as you enter the car park and at additional points across the site, along with information about parking charges and any subsequent charges which could be incurred for failing to comply. If you be given a parking charge notice you should 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 variance involving an official penalty charge issued by the authorities 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. Therefore they should not 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an entitlement for compensation. 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 CAB, this rate should be rational and in line with the loss suffered by the company, although excessive 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 suppose there has been a blunder and you should not 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 offer 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 argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also significant to note that, as things presently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. Therefore 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 provide 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 prove its case. However you should let them know that you contest the notice as if not, you can expect a series 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 is going to be very hard for these companies to prove 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 stuff you want to buy.