Worksop Parking

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Worksop Parking

Worksop parking in Nottinghamshire is getting more testing by the day. There look to be additional 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?

Hopefully we can help you with your parking in Worksop. If you have received a parking fine or ticket whilst parking in Worksop, then we are here to help out.

At the outset there are 2 different types of parking ticket which are a Penalty Charge Notice and 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 legitimate notice from Worksop council or Worksop 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 wrongly on public domain 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 Penalty Charge Notice issued by a council or police force then you should refer to the Worksop council or Worksop police for suggestion on what to do after that. Worksop 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 limit.

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

The Penalty Charge Notice ought to in addition include unmistakable detail of what parking violation you are accused of doing and contain any verification, such as a photograph, which is being relied upon to demonstrate you committed the offence. Crucially, the PCN ought to in addition include clear instructions of what to do if you want to dispute the fine, 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 safe idea to seek independent advice from the Worksop Citizen's Advice Bureau, or a Worksop lawyer. The Law Society can provide details of a Worksop 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 a pact with a landowner to enforce any parking restrictions they choose 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 frequently in a notification displayed on the land which you agree to abide by when you park on that terrain. 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 contract with the business running the car park.

More often than not, such restrictions will mean 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 additional points across the site, along with information about parking charges and any subsequent charges which could be incurred for failing to comply. If you obtain a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you find they aren't, you may wish to write to the company to appeal the charge.

The core variance concerning an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. For that reason they shouldn't 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 giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make an entitlement for costs. The sum they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this charge should be realistic and in line with the loss suffered by the business, even though 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 salvage a parking charge from you without first taking you to court, so if you sense there has been an oversight 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 provide 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 corroborate their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also of the essence to note that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the landlord. Consequently 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 impart 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 verify its case. However you should let them know that you contest the notice as if not, you can count on 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 fair.

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