Rhayader Parking

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Rhayader Parking

Rhayader parking in Powys is getting more difficult by the day. There look to be further yellow lines, more traffic wardens, a lesser amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Confidently uk comprehensive can help you with your parking in Rhayader. If you have received a parking fine or ticket at the same time as parking in Rhayader, then we are here to assist.

To start with there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are clear about which one you have received. If the ticket is an endorsed notice from Rhayader council or Rhayader police then you have been issued 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 municipal 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 ought to refer to the Rhayader council or Rhayader police for opinion on what to do after that. Rhayader council will have meticulous information on their web pages 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.

Customarily they afford a markdown (how nice of them) if you pay within a set period of time.

The PCN must in addition include clear detail of what parking violation you are accused of doing and include any support, such as a photograph, which is being relied upon to verify you committed the offence. Importantly, the notice should 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 are given a penalty charge notice, it is always a good idea to seek independent guidance from the Rhayader Citizen's Advice Bureau, or a Rhayader lawyer. The Law Society can provide details of a Rhayader 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 arrangement with a landlord to enforce any parking restrictions he or she chooses 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 notification 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, specifically if the notice is clear and prominently displayed and you are thus entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a prerequisite 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 extra points across the site, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you obtain a parking charge notice you should check that these terms are properly displayed at the car park in question. If you discover they are not, you may want to write to the business to appeal the charge.

The key distinction involving an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is nothing 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, even though loads 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 application for damages. The sum they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the Citizen's Advice Bureau, this cost should be affordable and in line with the loss suffered by the company, even though excessive 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 claim a parking charge from you without first taking you to court, so if you believe there has been a blunder and you should not 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 offer evidence 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 worthy to note that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. Thus 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 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 prove its case. However you should let them know that you contest the notice as if not, you can be expecting a sequence of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely 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 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 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.