Bebington Parking

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Bebington Parking

Bebington parking in Merseyside is getting more difficult by the day. There appear to be further double yellow lines, additional 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?

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

Firstly there are 2 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 one you've received. If the ticket is a legitimate notice from Bebington council or Bebington police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices 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 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 Bebington council or Bebington police for suggestion on what to do after that. Bebington council will have complete information 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 frame.

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

The PCN should in addition include clear detail of what parking violation you are accused of doing and include any facts, such as a video, which is being relied upon to confirm you committed the offence. Importantly, the notice must in addition contain 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 doubt as to what to do when you get a pcn, it is always a nice idea to seek independent advice from the Bebington Citizen's Advice Bureau, or a Bebington lawyer. The Law Society can provide details of a Bebington 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 understanding with a landlord to enforce any parking restrictions he or she chooses to place on their terrain.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions typically in a notice 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 for that reason entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, a prerequisite 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 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 are not, you may wish to write to the business to appeal the charge.

The major disparity concerning an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is nothing 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, even though many 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 entitlement for damages. 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 cost ought to be affordable and in line with the loss suffered by the business, even though 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 have reason there has been a misunderstanding 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 give 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 demonstrate their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the property-owner. For that reason 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 supply 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 convinced 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 confirm its case. However you should let them know that you contest the notice as if not, you can be expecting a sequence 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 just.

The bottom line is it is going to be very hard for these companies to demonstrate 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 things you want to acquire.