Haslemere Parking

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Haslemere Parking

Haslemere parking in Surrey is getting harder by the day. There appear to be further yellow lines, added traffic wardens, a lesser amount of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

Hopefully uk comprehensive can assist you with your parking in Haslemere. If you have received a parking ticket or fine at the same time as parking in Haslemere, then we are here to help out.

Firstly there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are transparent about which notice you've received. If the ticket is a legitimate notice from Haslemere council or Haslemere police then you have been issued 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 public property. 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 Haslemere council or Haslemere police for recommendation on what to do after that. Haslemere council will have detailed information on their web pages 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.

Ordinarily they offer a discount (how nice of them) if you pay within a set period of time.

The notice should as well include obvious 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 Penalty Charge Notice ought to also include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals procedure and the timescales involved.

If you are in any doubt as to what to do when you obtain a penalty charge notice, it is always a safe idea to seek independent counsel from the Haslemere Citizen's Advice Bureau, or a Haslemere lawyer. The Law Society can provide details of a Haslemere solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking business is an organisation which has entered into an understanding with a landlord to enforce any parking restrictions he or she chooses to place on their property.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions usually in a sign 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 hence entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a prerequisite to pay and display or a no-return policy. The T&C's of the car park should be displayed noticeably and concisely on signs as you enter the car park and at other points across the site, along with information about parking fees and any consequent charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to 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 key difference between 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 various 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 a claim for damages. The total 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 cost should be affordable 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 think there has been an error and you should not 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 make available confirmation 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 bear out their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also of the essence to note that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the landlord. Thus if you were not the person driving you may wish to inform the parking company of this straight 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 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can expect a series 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. Consequently, 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 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 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 straightforward to miss when you are busy thinking of all the stuff you want to buy.