Whitby Parking

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Whitby Parking

Whitby parking in North Yorkshire is getting harder by the day. There appear to be further double yellow lines, added traffic wardens, less free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can help you with your parking in Whitby. If you have established a parking ticket or fine at the same time as parking in Whitby, then we are here to lend a hand.

First there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is critical for your wallet that you are transparent about which one you have received. If the ticket is a bureaucratic notice from Whitby council or Whitby police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking wrongly on public domain 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 PCN issued by a council or police force then you ought to refer to the Whitby council or Whitby police for instruction on what to do next. Whitby council will have complete information 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.

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

The Penalty Charge Notice should in addition include transparent detail of what parking violation you are accused of doing and include any indication, such as a video, which is being relied upon to prove you committed the offence. Crucially, the notice must also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any reservation as to what to do when you pick up a penalty charge notice, it is always a nice idea to seek independent opinion from the Whitby Citizen's Advice Bureau, or a Whitby lawyer. The Law Society can provide details of a Whitby solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into a contract with a landowner 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 existing one - they will set out restrictions usually 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, specifically 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 involve 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 noticeably and concisely on signs as you enter the car park and at further points across the location, along with information about parking charges and any ensuing charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are correctly displayed at the car park in question. If you discover they are not, you may desire to write to the business to appeal the charge.

The key differentiation between 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. Therefore they should not be described as penalties or fines, even though countless 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 damages. The total 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 payment ought to be realistic and in line with the loss suffered by the company, even though extreme 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 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 wish to dispute the charge with the parking company as soon as possible. You should ask them to make available confirmation 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 demonstrate their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this phase. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also significant 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 proprietor. 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 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 corroborate its case. However you should let them know that you contest the notice as if not, you can look forward to a string 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 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 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.