Brecon Parking

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Brecon Parking

Brecon parking in Powys is getting more testing by the day. There appear to be additional yellow lines, more traffic wardens, with a reduction 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 assist you with your parking in Brecon. If you have received a parking fine or ticket at the same time as parking in Brecon, then we are here to help out.

First there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is essential for your wallet that you are transparent about which one you have received. If the ticket is an authoritative notice from Brecon council or Brecon 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 illegally on municipal 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 Brecon council or Brecon police for recommendation on what to do next. Brecon council will have thorough advice 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.

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

The PCN must as well contain transparent detail of what parking violation you are accused of committing and contain any support, such as a photograph, which is being relied upon to corroborate you committed the offence. Importantly, the notice ought to also contain 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 doubt as to what to do when you get a pcn, it is always a safe idea to seek independent opinion from the Brecon Citizen's Advice Bureau, or a Brecon lawyer. The Law Society can provide details of a Brecon solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into an agreement with a landlord to enforce any parking restrictions they choose to place on their terrain.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions commonly in a sign 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 therefore entering into a deal 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 terms and conditions of the car park should be displayed clearly and concisely on signs as you enter the car park and at other points across the location, along with info about parking fees 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 accurately displayed at the car park in question. If you find they are not, you may desire to write to the business to appeal the charge.

The most important variance relating an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is not anything in criminal law to support a penalty or fine for parking on private land. Consequently they should not be described as penalties or fines, although numerous 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 application for damages. The amount 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 fair and in line with the loss suffered by the company, although 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 have reason there has been an oversight and you shouldn't have been issued a ticket, you may want to dispute the charge with the parking company as soon as possible. You should ask them to give evidence 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 prove 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 prove its case on the balance of probabilities.

It is also imperative to write down that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. Thus if you weren't 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 bestow 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 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 bear out its case. However you should let them know that you contest the notice as if not, you can be expecting 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 reasonable.

The bottom line is it's going to be very hard 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 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 things you want to purchase.