Weybridge Parking

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Weybridge Parking

Weybridge parking in Surrey is getting harder by the day. There appear to be more double yellow lines, additional 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?

With any luck uk comprehensive can help you with your parking in Weybridge. If you have established a parking fine or ticket whilst parking in Weybridge, then we are here to help.

First of all there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is critical for your wallet that you are transparent about which notice you've received. If the ticket is a bureaucratic notice from Weybridge council or Weybridge 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 illegally on municipal 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 Penalty Charge Notice issued by a council or police force then you should refer to the Weybridge council or Weybridge police for recommendation on what to do after that. Weybridge council will have comprehensive 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 limit.

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

The Penalty Charge Notice must also contain plain detail of what parking violation you are accused of doing and include any proof, such as a photograph, which is being relied upon to verify you committed the offence. Crucially, the PCN should in addition include clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

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

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

A landlord 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 land. By choosing to park on the land it may be implied that you agree to these conditions, particularly if the notice is clear and prominently displayed and you are hence entering into a deal with the business running the car park.

More often than not, such restrictions will comprise a set time limit, a necessity to pay and display or a no-return policy. The terms and conditions of the car park should be displayed noticeably and concisely on signs as you enter the car park and at further points across the location, along with info about parking fees and any ensuing charges which could be incurred for failing to comply. If you receive a parking charge notice you ought to check that these terms are correctly 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 most important distinction involving an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is naught 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 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 entitlement for compensation. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the CAB, this rate should be reasonable and in line with the loss suffered by the company, 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 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 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 corroborate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this phase. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also of great consequence to write down that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Consequently 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 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 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 prove its case. However you should let them know that you contest the notice as if not, you can anticipate 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. 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 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 buy.