Banstead Parking

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Banstead Parking

Banstead parking in Surrey is getting more testing by the day. There seem to be further yellow lines, added traffic wardens, a reduced amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Confidently uk comprehensive can assist you with your parking in Banstead. If you have established a parking ticket or fine whilst parking in Banstead, then we are here to make your life a bit easier.

To start with there are two discrete types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are transparent about which one you have received. If the ticket is an authoritative notice from Banstead council or Banstead police then you've 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 wrongly on civic 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 Banstead council or Banstead police for counsel on what to do after that. Banstead council will have comprehensive instructions on their website 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.

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

The notice ought to as well contain obvious detail of what parking violation you are accused of committing and include any corroboration, such as a video, which is being relied upon to confirm 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 system and the timescales involved.

If you are in any reservation as to what to do when you receive a penalty charge notice, it is always a nice idea to seek separate opinion from the Banstead Citizen's Advice Bureau, or a Banstead lawyer. The Law Society can provide details of a Banstead solicitor.

If you have got 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 understanding with a landowner to enforce any parking restrictions he or she chooses to place on their property.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions customarily in a warning 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, specifically if the notice is clear and prominently displayed and you are for that reason entering into a contract with the business running the car park.

More often than not, such restrictions will include a set time limit, a condition to pay and display or a no-return policy. The terms and conditions of the car park should be displayed openly 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 consequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you discover they aren't, you may wish to write to the business to appeal the charge.

The key difference relating 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. Consequently they should not be described as penalties or fines, although countless 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 damages. The sum 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 rate should be fair and in line with the loss suffered by the company, even though 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 feel there has been a mistake and you shouldn't have been issued a ticket, you may want to dispute the charge with the parking company as soon as possible. You should ask them to give evidence 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 show their case 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 of great consequence to write down that, as things now exist, the driver of the vehicle is the solitary 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 right away. Just because you are the registered keeper of the vehicle, you are under no legal obligation to impart 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 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 is going to be very difficult for these companies to demonstrate 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 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 acquire.