Kirkby-in-Ashfield Parking

Church | Schools

Kirkby-in-Ashfield Parking

Kirkby-in-Ashfield parking in Nottinghamshire is getting more difficult by the day. There look to be additional double yellow lines, added traffic wardens, a reduced amount of 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 Kirkby-in-Ashfield. If you have received a parking fine or ticket whilst parking in Kirkby-in-Ashfield, then we are here to help.

At the outset there are two distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are clear about which one you've received. If the ticket is an endorsed notice from Kirkby-in-Ashfield council or Kirkby-in-Ashfield police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices and it means that you are being fined for parking illegally on public 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 Kirkby-in-Ashfield council or Kirkby-in-Ashfield police for information on what to do next. Kirkby-in-Ashfield council will have thorough directives on their website 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.

Typically they offer a markdown (how nice of them) if you pay within a certain time frame.

The notice ought to as well contain clear detail of what parking violation you are accused of committing and contain any corroboration, such as a video, which is being relied upon to demonstrate you committed the offence. Crucially, the PCN should in addition include 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 collect a pcn, it is always a good idea to seek independent opinion from the Kirkby-in-Ashfield Citizen's Advice Bureau, or a Kirkby-in-Ashfield lawyer. The Law Society can provide details of a Kirkby-in-Ashfield solicitor.

If you have got 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 pact with a landowner to enforce any parking restrictions they choose to place on their land.

A property-owner 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 land. 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 hence entering into a deal 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 T&C's of the car park should be displayed obviously and concisely on signs as you enter the car park and at further points across the site, along with info about parking fees and any subsequent 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 appropriately displayed at the car park in question. If you discover they aren't, you may desire to write to the company to appeal the charge.

The key difference linking 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. For that reason they should not be described as penalties or fines, although 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 a claim for compensation. The total they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this rate ought to be sensible and in line with the loss suffered by the company, even though 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 sense there has been a blunder 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 proof 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 Citizens Advice Bureau or a solicitor before things get to this period. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to note that, as things currently exist, 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 car, you are under no legal obligation to provide the parking operator with any further info, 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 confident 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 bear out its case. However you should let them know that you contest the notice as if not, you can expect a succession 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 fair.

The bottom line is it's going to be very difficult for these companies to establish 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.