Birkenhead Parking

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Birkenhead Parking

Birkenhead parking in Merseyside is getting more difficult by the day. There appear to be more yellow lines, added 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?

Hopefully uk comprehensive can help you with your parking in Birkenhead. If you have received a parking fine or ticket at the same time as parking in Birkenhead, then we are here to make your life a bit easier.

First of all there are 2 different types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are transparent about which notice you have received. If the ticket is an authoritative notice from Birkenhead council or Birkenhead police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue PCN's 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 should refer to the Birkenhead council or Birkenhead police for information on what to do after that. Birkenhead council will have complete 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.

Customarily they supply a reduction (how nice of them) if you pay within a certain time frame.

The notice ought to in addition contain unmistakable detail of what parking violation you are accused of doing and include any indication, such as a video, which is being relied upon to confirm you committed the offence. Crucially, the PCN ought to in addition include 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 uncertainty as to what to do when you obtain a pcn, it is always a safe idea to get separate advice from the Birkenhead Citizen's Advice Bureau, or a Birkenhead lawyer. The Law Society can provide details of a Birkenhead solicitor.

If you have received 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 land.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions generally 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, especially if the notice is clear and prominently displayed and you are then entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, a requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra points across the location, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you collect 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 want to write to the business to appeal the charge.

The key distinction linking an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is naught 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, although many 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 a claim for costs. 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 payment ought to be acceptable and in line with the loss suffered by the business, although extreme charges are common. This isn't 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 believe there has been a lapse and you should not 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 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. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also foremost to write down that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. As a result 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 provide 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 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 look forward to 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. As a result, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is fair.

The bottom line is it is going to be very hard for these companies to confirm 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 easy to miss when you are busy thinking of all the stuff you want to purchase.