East Horsley Parking

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East Horsley Parking

East Horsley parking in Surrey is getting more difficult 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?

With a bit of luck we can help you with your parking in East Horsley. If you have established a parking fine or ticket at the same time as parking in East Horsley, then we are here to lend a hand.

At the outset there are 2 various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are unmistakable about which one you have received. If the ticket is an official notice from East Horsley council or East Horsley police then you have been given a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices 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 not paying your fine.

If you have received a PCN issued by a council or police force then you ought to refer to the East Horsley council or East Horsley police for advice on what to do after that. East Horsley council will have comprehensive directives 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 limit.

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

The PCN must also contain obvious detail of what parking violation you are accused of doing and contain any evidence, such as a video, which is being relied upon to confirm you committed the offence. Significantly, the notice must in addition include 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 uncertainty as to what to do when you receive a pcn, it is always a nice idea to get separate counsel from the East Horsley Citizen's Advice Bureau, or a East Horsley lawyer. The Law Society can provide details of a East Horsley solicitor.

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

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - 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 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 thus entering into a deal with the business running the car park.

More often than not, such restrictions will comprise 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 clearly and concisely on signs as you enter the car park and at extra points across the site, along with info 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 properly displayed at the car park in question. If you find they aren't, you may desire to write to the business to appeal the charge.

The core divergence concerning an official penalty charge issued by the establishment 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 many 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 costs. The total they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the Citizen's Advice Bureau, this rate should be rational and in line with the loss suffered by the business, even though 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 claim a parking charge from you without first taking you to court, so if you suppose there has been an error 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 offer proof 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 prove 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 imperative to note that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. For that reason 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 positive 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 be expecting a succession 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 reasonable.

The bottom line is it is going to be very hard for these companies to establish 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.