Virginia Water Parking

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Virginia Water Parking

Virginia Water parking in Surrey is getting harder by the day. There look to be more double yellow lines, extra traffic wardens, a smaller amount 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 help you with your parking in Virginia Water. If you have established a parking ticket or fine whilst parking in Virginia Water, then we are here to help.

To begin with there are two distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are clear about which notice you have received. If the ticket is a formal notice from Virginia Water council or Virginia Water police then you've been given 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 illegally on municipal property. 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 Virginia Water council or Virginia Water police for advice on what to do after that. Virginia Water council will have meticulous information on their website 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 limit.

As a rule they present a markdown (how nice of them) if you pay within a set period of time.

The PCN ought to as well contain comprehensible detail of what parking violation you are accused of doing and contain any support, such as a video, which is being relied upon to establish you committed the offence. Importantly, the Penalty Charge Notice must in addition 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 get a pcn, it is always a safe idea to get independent guidance from the Virginia Water Citizen's Advice Bureau, or a Virginia Water lawyer. The Law Society can provide details of a Virginia Water 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 a pact 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 one already there - they will set out restrictions more often than not 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 then entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a necessity 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 location, along with information about parking fees and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you discover they are not, you may desire to write to the business to appeal the charge.

The most important distinction concerning 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. Consequently they should not be described as penalties or fines, even though countless 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 entitlement for costs. The sum 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 business, although 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 recover a parking charge from you without first taking you to court, so if you suppose there has been a mistake 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 offer 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 demonstrate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also of the essence to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. 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 impart 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can look forward to 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 just.

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 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 things you want to acquire.