Capel Parking

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Capel Parking

Capel parking in Surrey is getting harder by the day. There appear to be more 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?

Confidently uk comprehensive can assist you with your parking in Capel. If you have established a parking ticket or fine at the same time as parking in Capel, then we are here to make your life a bit easier.

To start with there are 2 discrete types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is essential for your wallet that you are unmistakable about which one you have received. If the ticket is an authoritative notice from Capel council or Capel police then you've been issued 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 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 ought to refer to the Capel council or Capel police for opinion on what to do next. Capel 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.

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

The PCN ought to in addition include comprehensible detail of what parking violation you are accused of committing and include any confirmation, such as a photograph, which is being relied upon to demonstrate you committed the offence. Crucially, the notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals modus operandi and the timescales involved.

If you are in any uncertainty as to what to do when you are given a penalty charge notice, it is always a nice idea to seek separate guidance from the Capel Citizen's Advice Bureau, or a Capel lawyer. The Law Society can provide details of a Capel 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 they choose to place on their land.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions more often than not in a notice 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, specifically if the notice is clear and prominently displayed and you are then entering into an agreement with the business running the car park.

More often than not, such restrictions will comprise a set time limit, an obligation 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 site, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you find they aren't, you may desire to write to the company to appeal the charge.

The chief divergence relating an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is naught in criminal law to support a penalty or fine for parking on private land. Hence they shouldn't be described as penalties or fines, although scores of 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 damages. The quantity they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this rate ought to be sensible and in line with the loss suffered by the company, 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 claim a parking charge from you without first taking you to court, so if you feel there has been a blunder 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 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 demonstrate their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also of great consequence 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 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 provide 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can anticipate 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 fair.

The bottom line is it is going to be very difficult 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 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 things you want to buy.