Cuckfield Parking

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Cuckfield Parking

Cuckfield parking in West Sussex is getting harder by the day. There look to be further double 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?

Confidently uk comprehensive can assist you with your parking in Cuckfield. If you have received a parking fine or ticket whilst parking in Cuckfield, then we are here to help out.

To start with there are 2 distinct types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you have received. If the ticket is an authoritative notice from Cuckfield council or Cuckfield 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 illegally on municipal land. Such an offence is backed up by criminal law and you can be fined or end up in court for not paying your fine.

If you have received a Penalty Charge Notice issued by a council or police force then you ought to refer to the Cuckfield council or Cuckfield police for suggestion on what to do after that. Cuckfield council will have thorough instructions 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 frame.

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

The Penalty Charge Notice should in addition contain comprehensible detail of what parking violation you are accused of committing and include any facts, such as a photograph, which is being relied upon to confirm you committed the offence. Crucially, the Penalty Charge Notice must in addition 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 doubt as to what to do when you collect a pcn, it is always a safe idea to seek independent advice from the Cuckfield Citizen's Advice Bureau, or a Cuckfield lawyer. The Law Society can provide details of a Cuckfield solicitor.

If you have got 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 a pact with a landlord to enforce any parking restrictions they choose to place on their terrain.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - 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, particularly if the notice is clear and prominently displayed and you are for that reason entering into an agreement with the business running the car park.

More often than not, such restrictions will comprise a set time limit, a requirement to pay and display or a no-return policy. The T&C's of the car park should be displayed obviously and concisely on signs as you enter the car park and at additional points across the site, along with info about parking fees 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 find they are not, you may desire to write to the company to appeal the charge.

The major divergence between an official penalty charge issued by the establishment 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. Therefore they should not be described as penalties or fines, even though loads 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 entitlement for damages. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the land in question. According to the CAB, this charge ought to be reasonable and in line with the loss suffered by the business, 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 deem there has been a misunderstanding 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 make available proof 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 argument 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 prove its case on the balance of probabilities.

It is also foremost to write down that, as things presently exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. 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 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 prove its case. However you should let them know that you contest the notice as if not, you can be expecting 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 just.

The bottom line is it is going to be very difficult for these companies to prove 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 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 stuff you want to purchase.