Cobham Parking

Church | Schools

Cobham Parking

Cobham parking in Surrey is getting harder by the day. There look to be more double yellow lines, additional traffic wardens, a smaller amount free car parking and even supermarkets 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 Cobham. If you have established a parking fine or ticket whilst parking in Cobham, then we are here to help out.

First of all there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is critical for your wallet that you are unmistakable about which one you have received. If the ticket is a bureaucratic notice from Cobham council or Cobham police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on public domain 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 Cobham council or Cobham police for guidance on what to do next. Cobham council will have comprehensive information 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.

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

The Penalty Charge Notice must also include plain detail of what parking violation you are accused of doing and contain any corroboration, such as a video, which is being relied upon to prove 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 process and the timescales involved.

If you are in any uncertainty as to what to do when you get a pcn, it is always a nice idea to seek independent opinion from the Cobham Citizen's Advice Bureau, or a Cobham lawyer. The Law Society can provide details of a Cobham 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 contract 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 commonly in a warning 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 as a result entering into a contract with the business running the car park.

More often than not, such restrictions will mean a set time limit, a requisite to pay and display or a no-return policy. The T&C's of the car park should be displayed plainly and concisely on signs as you enter the car park and at further points across the location, along with information about parking fees and any subsequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are properly displayed at the car park in question. If you discover they are not, you may want to write to the business to appeal the charge.

The chief variance relating 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. Therefore they shouldn't be described as penalties or fines, even though scores of 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 quantity they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the Citizen's Advice Bureau, this payment ought to be fair and in line with the loss suffered by the business, even though 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 get back 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 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 confirm 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 prove its case on the balance of probabilities.

It is also imperative to write down that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. So 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 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 corroborate its case. However you should let them know that you contest the notice as if not, you can be expecting 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's going to be very difficult for these companies to show 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 purchase.