Upton Parking

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Upton Parking

Upton parking in Merseyside is getting harder by the day. There appear to be additional double yellow lines, extra traffic wardens, with a reduction of free car parking and even supermarkets 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 Upton. If you have established a parking fine or ticket whilst parking in Upton, then we are here to make your life a bit easier.

First there are two various 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 a formal notice from Upton council or Upton police then you have been given 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 municipal 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 Penalty Charge Notice issued by a council or police force then you should refer to the Upton council or Upton police for suggestion on what to do after that. Upton council will have comprehensive 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.

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

The PCN must as well include clear detail of what parking violation you are accused of committing and contain any support, such as a photograph, which is being relied upon to verify you committed the offence. Crucially, the PCN ought to also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals method and the timescales involved.

If you are in any reservation as to what to do when you get a pcn, it is always a nice idea to seek separate opinion from the Upton Citizen's Advice Bureau, or a Upton lawyer. The Law Society can provide details of a Upton 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 an agreement with a landlord to enforce any parking restrictions they choose to place on their land.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions generally 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 contract 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 T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at additional points across the location, along with information about parking fees and any ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to check that these terms are correctly 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 major difference between an official penalty charge issued by the establishment and a parking charge issued by a private company 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for costs. The amount they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this charge ought to be realistic and in line with the loss suffered by the business, although excessive 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 get back a parking charge from you without first taking you to court, so if you deem there has been an error and you shouldn't 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 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 case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to write down that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Thus if you were not 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can count on a series 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. 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 reasonable.

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 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.