Cleobury Mortimer Parking

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Cleobury Mortimer Parking

Cleobury Mortimer parking in Shropshire is getting more difficult by the day. There seem to be additional yellow lines, extra traffic wardens, a smaller amount free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With a bit of luck we can assist you with your parking in Cleobury Mortimer. If you have received a parking ticket or fine whilst parking in Cleobury Mortimer, then we are here to make your life a bit easier.

To start with there are two distinct 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've received. If the ticket is a formal notice from Cleobury Mortimer council or Cleobury Mortimer police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue PCN's and it means that you are being fined for parking wrongly on civic 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 should refer to the Cleobury Mortimer council or Cleobury Mortimer police for assistance on what to do after that. Cleobury Mortimer 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 implicated if you fail to pay within the time frame.

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

The Penalty Charge Notice ought to also contain plain detail of what parking violation you are accused of doing and include any indication, such as a video, which is being relied upon to establish you committed the offence. Crucially, the Penalty Charge Notice ought to in addition include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals system and the timescales involved.

If you are in any uncertainty as to what to do when you receive a penalty charge notice, it is always a nice idea to get separate counsel from the Cleobury Mortimer Citizen's Advice Bureau, or a Cleobury Mortimer lawyer. The Law Society can provide details of a Cleobury Mortimer 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 an arrangement with a landowner to enforce any parking restrictions they choose to place on their terrain.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions customarily in a sign displayed on the land which you agree to abide by when you park on that property. 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 consequently entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a prerequisite to pay and display or a no-return policy. The terms and conditions of the car park should be displayed noticeably and concisely on signs as you enter the car park and at extra 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 properly displayed at the car park in question. If you discover they are not, you may wish to write to the company to appeal the charge.

The key distinction between 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. Hence they should not 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 costs. The total they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this rate should be rational and in line with the loss suffered by the business, although 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 suppose there has been a lapse 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 CAB or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also worthy to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. For that reason 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 provide 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 corroborate its case. However you should let them know that you contest the notice as if not, you can look forward to 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. 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 fair.

The bottom line is it's 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 purchase.