Billingshurst Parking

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Billingshurst Parking

Billingshurst parking in West Sussex is getting more testing by the day. There seem to be additional yellow lines, extra 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 Billingshurst. If you have established a parking fine or ticket at the same time as parking in Billingshurst, then we are here to lend a hand.

To start with there are two various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are clear about which notice you've received. If the ticket is a legitimate notice from Billingshurst council or Billingshurst police then you have been given 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 ought to refer to the Billingshurst council or Billingshurst police for suggestion on what to do next. Billingshurst council will have thorough instructions on their website 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.

Typically they make available a markdown (how nice of them) if you pay within a certain time frame.

The PCN must as well contain transparent detail of what parking violation you are accused of committing and contain any confirmation, such as a video, which is being relied upon to prove you committed the offence. Importantly, the PCN ought to in addition contain 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 uncertainty as to what to do when you get a penalty charge notice, it is always a good idea to seek separate opinion from the Billingshurst Citizen's Advice Bureau, or a Billingshurst lawyer. The Law Society can provide details of a Billingshurst solicitor.

If you have received a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into an arrangement with a landowner to enforce any parking restrictions he or she chooses to place on their terrain.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions generally in a notice 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 thus entering into a deal with the business running the car park.

More often than not, such restrictions will include 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 noticeably and concisely on signs as you enter the car park and at further points across the site, along with information about parking charges and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are accurately displayed at the car park in question. If you discover they aren't, you may want to write to the company to appeal the charge.

The main variance linking an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is zilch in criminal law to support a penalty or fine for parking on private land. Consequently they should not be described as penalties or fines, although 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 entitlement for costs. The total 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 rate ought to be realistic and in line with the loss suffered by the business, although 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 believe there has been an oversight 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 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 demonstrate their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also important to note that, as things currently stand, 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 bestow 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 positive 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 confirm its case. However you should let them know that you contest the notice as if not, you can look forward to a progression of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that very 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 just.

The bottom line is it is going to be very difficult 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 easy to miss when you are busy thinking of all the stuff you want to purchase.