Lye Parking

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Lye Parking

Lye parking in West Midlands is getting harder by the day. There look to be further double yellow lines, added traffic wardens, with a reduction of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Confidently we can help you with your parking in Lye. If you have established a parking fine or ticket whilst parking in Lye, then we are here to help.

At the outset there are two various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are clear about which notice you've received. If the ticket is a bureaucratic notice from Lye council or Lye police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the two bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on civic 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 ought to refer to the Lye council or Lye police for suggestion on what to do after that. Lye council will have detailed advice 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 frame.

Frequently they give a discount (how nice of them) if you pay within a certain time frame.

The notice ought to also include plain detail of what parking violation you are accused of doing and include any confirmation, such as a video, which is being relied upon to establish you committed the offence. Significantly, the notice must also contain clear instructions of what to do if you want to dispute the fine, along with details of the appeals system and the timescales involved.

If you are in any reservation as to what to do when you obtain a penalty charge notice, it is always a good idea to seek independent advice from the Lye Citizen's Advice Bureau, or a Lye lawyer. The Law Society can provide details of a Lye 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 arrangement with a landlord to enforce any parking restrictions he or she chooses to place on their land.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily in a notification 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, specifically 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 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 visibly 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 should check that these terms are appropriately displayed at the car park in question. If you discover they aren't, you may want to write to the business to appeal the charge.

The most important differentiation involving 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. Hence they shouldn't 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 application for costs. The total 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 payment ought to be fair 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 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 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 bear out their case in court, but it is advisable to seek advice from the Citizens Advice Bureau 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 central to note that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. As a result if you weren't the person driving you may wish to inform the parking company of this straight 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 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 certain 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 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. 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 difficult for these companies to establish 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 easy to miss when you are busy thinking of all the things you want to buy.