Jesmond Parking

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Jesmond Parking

Jesmond parking in Tyne and Wear is getting more problematical by the day. There seem to be more yellow lines, added 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 assist you with your parking in Jesmond. If you have received a parking ticket or fine at the same time as parking in Jesmond, then we are here to assist.

At the outset there are 2 various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is vital for your wallet that you are transparent about which notice you've received. If the ticket is an endorsed notice from Jesmond council or Jesmond 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 civic 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the Jesmond council or Jesmond police for assistance on what to do next. Jesmond council will have complete instructions on their web pages 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 frame.

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

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

If you are in any doubt as to what to do when you are given a pcn, it is always a nice idea to get separate counsel from the Jesmond Citizen's Advice Bureau, or a Jesmond lawyer. The Law Society can provide details of a Jesmond solicitor.

If you have received 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 landlord to enforce any parking restrictions they choose to place on their land.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions usually 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 as a result entering into a deal with the business running the car park.

More often than not, such restrictions will include 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 openly and concisely on signs as you enter the car park and at other points across the location, along with info about parking charges and any ensuing charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are appropriately displayed at the car park in question. If you find they are not, you may want to write to the business to appeal the charge.

The major distinction involving 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. For that reason they shouldn't be described as penalties or fines, although lots of 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 amount 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 cost should be rational 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 claim a parking charge from you without first taking you to court, so if you sense there has been a misunderstanding 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 confirm their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also worthy to write down that, as things presently exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. Therefore 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 vehicle, you are under no legal obligation to supply 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 confident 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 verify its case. However you should let them know that you contest the notice as if not, you can look forward to a succession 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's going to be very difficult 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 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.