East Molesey Parking

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East Molesey Parking

East Molesey parking in Surrey is getting more difficult by the day. There look to be further yellow lines, extra traffic wardens, with a reduction of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

With any luck uk comprehensive can assist you with your parking in East Molesey. If you have established a parking fine or ticket whilst parking in East Molesey, then we are here to lend a hand.

First of all there are 2 different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you have received. If the ticket is an authoritative notice from East Molesey council or East Molesey police then you have been given 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 illegally on public 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 should refer to the East Molesey council or East Molesey police for counsel on what to do next. East Molesey 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 frame.

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

The Penalty Charge Notice should in addition include unmistakable detail of what parking violation you are accused of committing and contain any corroboration, such as a video, which is being relied upon to prove you committed the offence. Significantly, the Penalty Charge Notice must also include clear instructions of what to do if you want to dispute the fine, 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 receive a penalty charge notice, it is always a nice idea to get independent counsel from the East Molesey Citizen's Advice Bureau, or a East Molesey lawyer. The Law Society can provide details of a East Molesey solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking company. A private parking company is an organisation which has entered into an arrangement with a landlord to enforce any parking restrictions they choose to place on their ground.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions commonly in a notification 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 consequently 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 T&C's of the car park should be displayed visibly 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 obtain a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you discover they aren't, you may wish to write to the company to appeal the charge.

The main distinction involving an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is zilch 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 loads 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 compensation. The total 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 cost should be realistic and in line with the loss suffered by the company, even though 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 get back a parking charge from you without first taking you to court, so if you think there has been an oversight and you should not 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 give confirmation 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also foremost 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 landlord. As a result 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 car, 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 assured 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 look forward to a series 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. Consequently, 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 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 easy to miss when you are busy thinking of all the things you want to purchase.