Kenilworth Parking

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Kenilworth Parking

Kenilworth parking in Warwickshire is getting harder by the day. There look 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 Kenilworth. If you have received a parking ticket or fine at the same time as parking in Kenilworth, then we are here to lend a hand.

At the outset there are 2 discrete types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is essential for your wallet that you are transparent about which one you have received. If the ticket is an endorsed notice from Kenilworth council or Kenilworth police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue PCN's and it means that you are being fined for parking wrongly 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 PCN issued by a council or police force then you should refer to the Kenilworth council or Kenilworth police for assistance on what to do after that. Kenilworth council will have thorough advice 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.

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

The Penalty Charge Notice should as well include unmistakable detail of what parking violation you are accused of doing and include any verification, such as a photograph, which is being relied upon to confirm you committed the offence. Importantly, the notice ought to 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 doubt as to what to do when you receive a penalty charge notice, it is always a good idea to get independent guidance from the Kenilworth Citizen's Advice Bureau, or a Kenilworth lawyer. The Law Society can provide details of a Kenilworth solicitor.

If you have received 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 a union with a landowner to enforce any parking restrictions he or she chooses to place on their ground.

A landowner 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 notification 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 hence entering into an agreement with the business running the car park.

More often than not, such restrictions will mean a set time limit, an obligation to pay and display or a no-return policy. The T&C's of the car park should be displayed plainly and concisely on signs as you enter the car park and at additional points across the location, along with information about parking fees and any consequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are correctly displayed at the car park in question. If you find they are not, you may desire to write to the company to appeal the charge.

The most important divergence linking an official penalty charge issued by the authorities and a parking charge issued by a private company is that there is nothing in criminal law to support a penalty or fine for parking on private land. Hence 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 giving out 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 CAB, this cost should be fair and in line with the loss suffered by the business, 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 think there has been an error and you shouldn't 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 offer 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 demonstrate their case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Remember that the parking operator has to corroborate its case on the balance of probabilities.

It is also imperative to write down that, as things now exist, the driver of the vehicle is the only person who can enter into a contract with the proprietor. So if you weren't 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 impart 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 convinced that you have not parked in contravention of the regulations 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 corroborate its case. However you should let them know that you contest the notice as if not, you can count on 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 reasonable.

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 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.