Broseley Parking

Church | Schools

Broseley Parking

Broseley parking in Shropshire is getting harder by the day. There seem to be further double yellow lines, added traffic wardens, with a reduction 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 Broseley. If you have established a parking ticket or fine at the same time as parking in Broseley, then we are here to help out.

To begin with there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is very important for your wallet that you are clear about which one you have received. If the ticket is an authoritative notice from Broseley council or Broseley police then you've 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 illegally on municipal 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 Broseley council or Broseley police for information on what to do next. Broseley council will have comprehensive instructions on their website 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 limit.

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

The PCN ought to as well include plain detail of what parking violation you are accused of committing and contain any evidence, such as a video, which is being relied upon to prove you committed the offence. Importantly, the PCN should also contain 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 pick up a pcn, it is always a safe idea to get separate advice from the Broseley Citizen's Advice Bureau, or a Broseley lawyer. The Law Society can provide details of a Broseley 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 he or she chooses to place on their property.

A proprietor 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, specifically if the notice is clear and prominently displayed and you are as a result 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 plainly and concisely on signs as you enter the car park and at further points across the location, along with information about parking fees and any ensuing charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you find they are not, you may want to write to the business to appeal the charge.

The most important disparity concerning an official penalty charge issued by the authorities 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. Therefore they shouldn't 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 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 property in question. According to the Citizen's Advice Bureau, this payment ought to be acceptable and in line with the loss suffered by the business, 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 suppose there has been a lapse and you shouldn't 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 give 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 confirm their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau 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 of the essence to note that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the proprietor. Thus 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 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 confident 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 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. 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 reasonable.

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 recommend 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 buy.