Burntwood Parking

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Burntwood Parking

Burntwood parking in Staffordshire is getting harder by the day. There appear 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?

Hopefully uk comprehensive can help you with your parking in Burntwood. If you have established a parking ticket or fine whilst parking in Burntwood, then we are here to lend a hand.

At the outset there are two distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which notice you have received. If the ticket is a formal notice from Burntwood council or Burntwood police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on public 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 ought to refer to the Burntwood council or Burntwood police for information on what to do after that. Burntwood council will have meticulous directives 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 give a discount (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice should as well contain clear detail of what parking violation you are accused of committing and contain any data, such as a photograph, which is being relied upon to corroborate you committed the offence. Significantly, the notice should also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals process and the timescales involved.

If you are in any reservation as to what to do when you obtain a penalty charge notice, it is always a nice idea to seek separate counsel from the Burntwood Citizen's Advice Bureau, or a Burntwood lawyer. The Law Society can provide details of a Burntwood 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 a pact with a landowner 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 existing one - they will set out restrictions commonly in a notice 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, particularly if the notice is clear and prominently displayed and you are therefore entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a requirement to pay and display or a no-return policy. The terms and conditions of the car park should be displayed visibly and concisely on signs as you enter the car park and at further points across the location, along with information about parking charges and any consequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are properly displayed at the car park in question. If you discover they aren't, you may want to write to the business to appeal the charge.

The main disparity involving 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. For that reason they should not 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 giving out a Parking Charge Notice, the parking operator is relying on the law of contract to make an entitlement for costs. The sum they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this cost ought to be fair and in line with the loss suffered by the business, although 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 get back a parking charge from you without first taking you to court, so if you have reason there has been an error 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 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 corroborate their argument 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 prove its case on the balance of probabilities.

It is also foremost to note that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. 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 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 assured 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 look forward to 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 just.

The bottom line is it is going to be very hard for these companies to confirm 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 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 stuff you want to purchase.