Daventry Parking

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Daventry Parking

Daventry parking in Northamptonshire is getting more testing by the day. There appear to be additional yellow lines, more 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?

Confidently we can assist you with your parking in Daventry. If you have established a parking fine or ticket at the same time as parking in Daventry, then we are here to help out.

Firstly there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which notice you've received. If the ticket is a bureaucratic notice from Daventry council or Daventry police then you have been given 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 wrongly on civic land. 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 should refer to the Daventry council or Daventry police for instruction on what to do after that. Daventry 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 frame.

More often than not they present a reduction (how nice of them) if you pay within a set period of time.

The PCN ought to in addition contain transparent detail of what parking violation you are accused of doing and contain any data, such as a photograph, which is being relied upon to confirm you committed the offence. Significantly, the PCN should in addition include 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 reservation 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 Daventry Citizen's Advice Bureau, or a Daventry lawyer. The Law Society can provide details of a Daventry 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 arrangement with a landlord to enforce any parking restrictions they choose to place on their ground.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions typically in a notice displayed on the land which you agree to abide by when you park on that land. By choosing to park on the land it may be implied that you agree to these conditions, particularly 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 requirement to pay and display or a no-return policy. The terms and conditions 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 information about parking charges and any consequent 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 accurately displayed at the car park in question. If you discover they aren't, you may wish to write to the business to appeal the charge.

The key differentiation concerning an official penalty charge issued by the authorities and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. Consequently they should not 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for compensation. The quantity 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 rate ought to be rational 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 sense there has been a mistake 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 make available 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also important to note that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. 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 car, you are under no legal obligation to supply 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 certain 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 anticipate 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. 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's going to be very hard for these companies to show 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 stuff you want to acquire.