Whitchurch Parking

Church | Schools

Whitchurch Parking

Whitchurch parking in Shropshire is getting more challenging by the day. There look to be additional double yellow lines, more traffic wardens, less free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can help you with your parking in Whitchurch. If you have received a parking ticket or fine whilst parking in Whitchurch, then we are here to help out.

To begin with there are two discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are transparent about which notice you've received. If the ticket is a legitimate notice from Whitchurch council or Whitchurch police then you have 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 public domain property. 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 Penalty Charge Notice issued by a council or police force then you should refer to the Whitchurch council or Whitchurch police for advice on what to do after that. Whitchurch council will have meticulous directives 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 grant a discount (how nice of them) if you pay within a certain time frame.

The notice ought to as well include clear detail of what parking violation you are accused of doing and include any facts, such as a video, which is being relied upon to prove you committed the offence. Significantly, the Penalty Charge Notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any uncertainty as to what to do when you collect a penalty charge notice, it is always a good idea to get separate guidance from the Whitchurch Citizen's Advice Bureau, or a Whitchurch lawyer. The Law Society can provide details of a Whitchurch solicitor.

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

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions typically in a notification displayed on the land which you agree to abide by when you park on that terrain. 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 a deal with the business running the car park.

More often than not, such restrictions will comprise 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 visibly and concisely on signs as you enter the car park and at additional points across the site, along with information about parking charges and any ensuing 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 discover they are not, you may want 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 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 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 a claim for costs. 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 payment should be affordable and in line with the loss suffered by the business, 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 salvage a parking charge from you without first taking you to court, so if you deem there has been a misunderstanding 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 make available confirmation 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 corroborate 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. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also of great consequence to write down that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. Therefore 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 supply 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 convinced 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 prove its case. However you should let them know that you contest the notice as if not, you can expect a progression 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 hard for these companies to prove 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 easy to miss when you are busy thinking of all the things you want to purchase.