Fakenham Parking

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Fakenham Parking

Fakenham parking in Norfolk is getting more difficult by the day. There look to be additional double yellow lines, additional traffic wardens, a reduced 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 any luck we can assist you with your parking in Fakenham. If you have received a parking fine or ticket whilst parking in Fakenham, then we are here to make your life a bit easier.

To start with there are 2 various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which notice you've received. If the ticket is a legitimate notice from Fakenham council or Fakenham police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on municipal land. 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 Fakenham council or Fakenham police for counsel on what to do next. Fakenham council will have complete instructions on their web pages outlining how long you have got to pay the fine, how to pay the fine and the penalties involved if you fail to pay within the time frame.

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

The PCN ought to as well contain unmistakable detail of what parking violation you are accused of committing and contain any support, such as a video, which is being relied upon to demonstrate you committed the offence. Crucially, the notice ought to also contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals modus operandi and the timescales involved.

If you are in any uncertainty as to what to do when you are given a penalty charge notice, it is always a good idea to seek separate opinion from the Fakenham Citizen's Advice Bureau, or a Fakenham lawyer. The Law Society can provide details of a Fakenham solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking company is an organisation which has entered into an arrangement with a landlord to enforce any parking restrictions he or she chooses to place on their terrain.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions frequently in a notice 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, especially 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, a requisite to pay and display or a no-return policy. The T&C's of the car park should be displayed obviously 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 ensuing charges which could be incurred for failing to comply. If you collect 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 wish to write to the company to appeal the charge.

The major distinction relating an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is naught in criminal law to support a penalty or fine for parking on private land. Consequently they shouldn't be described as penalties or fines, even though loads 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 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 rate ought to be acceptable 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 recover a parking charge from you without first taking you to court, so if you have reason 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 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 show their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this stage. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things currently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. Therefore 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 vehicle, you are under no legal obligation to bestow 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 positive 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 corroborate its case. However you should let them know that you contest the notice as if not, you can expect 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 reasonable.

The bottom line is it is going to be very difficult 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 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 acquire.