Telford Parking

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Telford Parking

Telford parking in Shropshire is getting more testing by the day. There appear to be more double yellow lines, more 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 uk comprehensive can help you with your parking in Telford. If you have received a parking fine or ticket whilst parking in Telford, then we are here to lend a hand.

First of all there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is very important for your wallet that you are unmistakable about which one you've received. If the ticket is an authoritative notice from Telford council or Telford 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 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 Penalty Charge Notice issued by a council or police force then you should refer to the Telford council or Telford police for recommendation on what to do after that. Telford council will have comprehensive instructions 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 frame.

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

The PCN should in addition include unmistakable detail of what parking violation you are accused of doing and contain any corroboration, such as a photograph, which is being relied upon to verify you committed the offence. Crucially, the Penalty Charge Notice should also include clear instructions of what to do if you want to dispute the fine, along with details of the appeals procedure and the timescales involved.

If you are in any doubt as to what to do when you collect a pcn, it is always a nice idea to get separate guidance from the Telford Citizen's Advice Bureau, or a Telford lawyer. The Law Society can provide details of a Telford 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 understanding with a landowner to enforce any parking restrictions he or she chooses to place on their ground.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions customarily 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, especially 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 include a set time limit, an obligation to pay and display or a no-return policy. The T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at additional points across the location, along with information about parking fees and any consequent charges which could be incurred for failing to comply. If you collect 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 company to appeal the charge.

The key differentiation involving an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although various 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 formed 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, 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 mistake 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 offer 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also significant to note that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. Consequently if you were not 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 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 confident 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 count on a progression 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 reasonable.

The bottom line is it's going to be very difficult for these companies to establish 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 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 straightforward to miss when you are busy thinking of all the stuff you want to buy.