Hockley Heath Parking

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Hockley Heath Parking

Hockley Heath parking in Warwickshire is getting harder by the day. There appear to be additional 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 assist you with your parking in Hockley Heath. If you have established a parking ticket or fine at the same time as parking in Hockley Heath, then we are here to assist.

At the outset there are two discrete types of parking ticket which are a Penalty Charge Notice or 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 formal notice from Hockley Heath council or Hockley Heath police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices 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 non-payment of the fines.

If you have received a PCN issued by a council or police force then you should refer to the Hockley Heath council or Hockley Heath police for suggestion on what to do next. Hockley Heath council will have comprehensive information 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 limit.

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

The PCN must also contain unmistakable detail of what parking violation you are accused of committing and contain any evidence, such as a photograph, which is being relied upon to demonstrate you committed the offence. Significantly, the Penalty Charge Notice should in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals system 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 good idea to get independent counsel from the Hockley Heath Citizen's Advice Bureau, or a Hockley Heath lawyer. The Law Society can provide details of a Hockley Heath 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 union with a landowner to enforce any parking restrictions he or she chooses to place on their land.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions typically in a sign 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, especially if the notice is clear and prominently displayed and you are consequently entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a condition to pay and display or a no-return policy. The terms and conditions of the car park should be displayed obviously and concisely on signs as you enter the car park and at extra points across the site, along with information about parking fees and any consequent 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 discover they aren't, you may wish to write to the company to appeal the charge.

The main distinction concerning an official penalty charge issued by the authorities 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. Consequently they shouldn't be described as penalties or fines, even though numerous 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 sum 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 payment should be acceptable and in line with the loss suffered by the company, although 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 believe there has been a lapse 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 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 show their case 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 corroborate its case on the balance of probabilities.

It is also of great consequence 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. 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 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 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to a sequence 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 just.

The bottom line is it's 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 purchase.