Oadby Parking

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Oadby Parking

Oadby parking in Leicestershire is getting more testing by the day. There look to be more yellow lines, added traffic wardens, a lesser amount of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can assist you with your parking in Oadby. If you have established a parking fine or ticket at the same time as parking in Oadby, then we are here to help out.

To begin with there are two distinct types of parking ticket which are a Penalty Charge Notice and 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 an official notice from Oadby council or Oadby police then you have been issued 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 public domain 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 PCN issued by a council or police force then you ought to refer to the Oadby council or Oadby police for assistance on what to do after that. Oadby council will have complete advice on their web pages 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.

Ordinarily they present a discount (how nice of them) if you pay within a set period of time.

The notice should in addition contain plain detail of what parking violation you are accused of doing and contain any support, such as a video, which is being relied upon to verify you committed the offence. Crucially, the Penalty Charge Notice ought to in addition contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any uncertainty as to what to do when you obtain a penalty charge notice, it is always a safe idea to get independent guidance from the Oadby Citizen's Advice Bureau, or a Oadby lawyer. The Law Society can provide details of a Oadby 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 landlord 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 property. 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 an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a requisite to pay and display or a no-return policy. The T&C's of the car park should be displayed plainly and concisely on signs as you enter the car park and at other points across the site, 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 should check that these terms are appropriately displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The major variance linking an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. Hence they shouldn't be described as penalties or fines, even though scores 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 an application for damages. The sum 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 charge ought to be acceptable and in line with the loss suffered by the company, 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 salvage a parking charge from you without first taking you to court, so if you believe there has been a lapse 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 provide 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 corroborate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also significant to note that, as things now 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 right away. Just because you are the registered keeper of the car, you are under no legal obligation to impart 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 certain 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 corroborate 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 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'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 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 stuff you want to purchase.