Addlestone Parking

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Addlestone Parking

Addlestone parking in Surrey is getting harder by the day. There appear to be more double yellow lines, added 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?

With a bit of luck we can assist you with your parking in Addlestone. If you have established a parking fine or ticket at the same time as parking in Addlestone, then we are here to make your life a bit easier.

Firstly there are 2 various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is essential for your wallet that you are transparent about which one you've received. If the ticket is an endorsed notice from Addlestone council or Addlestone 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 wrongly on civic 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 PCN issued by a council or police force then you should refer to the Addlestone council or Addlestone police for opinion on what to do next. Addlestone council will have thorough directives 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.

More often than not they offer a markdown (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice ought to in addition contain transparent detail of what parking violation you are accused of committing and include any support, such as a video, which is being relied upon to confirm you committed the offence. Significantly, the notice must in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

If you are in any uncertainty as to what to do when you pick up a penalty charge notice, it is always a safe idea to get independent guidance from the Addlestone Citizen's Advice Bureau, or a Addlestone lawyer. The Law Society can provide details of a Addlestone 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 a contract with a landlord to enforce any parking restrictions he or she chooses to place on their land.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions frequently in a sign 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 hence entering into a deal with the business running the car park.

More often than not, such restrictions will involve 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 visibly and concisely on signs as you enter the car park and at additional points across the site, along with information about parking fees and any subsequent charges which could be incurred for failing to comply. If you be given a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you discover they are not, you may wish to write to the business to appeal the charge.

The core disparity relating an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. Hence 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an application for compensation. 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 Citizen's Advice Bureau, this cost ought to be acceptable and in line with the loss suffered by the company, although excessive 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 salvage a parking charge from you without first taking you to court, so if you think 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 offer evidence 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 demonstrate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also central to write down that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the property-owner. 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 vehicle, 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can anticipate a series 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 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.