Birkdale Parking

Church | Schools

Birkdale Parking

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

Confidently uk comprehensive can help you with your parking in Birkdale. If you have established a parking fine or ticket whilst parking in Birkdale, then we are here to help out.

To start with there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are clear about which one you have received. If the ticket is an endorsed notice from Birkdale council or Birkdale police then you've 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 wrongly on public 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 PCN issued by a council or police force then you ought to refer to the Birkdale council or Birkdale police for counsel on what to do after that. Birkdale 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.

Usually they grant a markdown (how nice of them) if you pay within a set period of time.

The PCN should in addition include 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 confirm you committed the offence. Importantly, the notice must also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals system and the timescales involved.

If you are in any uncertainty as to what to do when you receive a pcn, it is always a good idea to get separate guidance from the Birkdale Citizen's Advice Bureau, or a Birkdale lawyer. The Law Society can provide details of a Birkdale 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 they choose 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 commonly 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 a deal with the business running the car park.

More often than not, such restrictions will include 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 openly and concisely on signs as you enter the car park and at other points across the location, along with info about parking charges and any subsequent charges which could be incurred for failing to comply. If you receive a parking charge notice you ought to check that these terms are accurately 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 most important differentiation concerning 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. Hence 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 application for damages. The total they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the CAB, this payment ought to be acceptable and in line with the loss suffered by the business, 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 recover a parking charge from you without first taking you to court, so if you sense there has been a mistake 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 offer confirmation 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 CAB or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also of the essence to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. Therefore 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 car, you are under no legal obligation to supply 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 assured 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 be expecting 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 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 straightforward to miss when you are busy thinking of all the stuff you want to buy.