Rustington Parking

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Rustington Parking

Rustington parking in West Sussex is getting more difficult by the day. There appear to be additional double yellow lines, additional traffic wardens, with a reduction 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 help you with your parking in Rustington. If you have established a parking ticket or fine at the same time as parking in Rustington, then we are here to help.

First there are 2 distinct types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which one you've received. If the ticket is an endorsed notice from Rustington council or Rustington 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 wrongly on public 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 Rustington council or Rustington police for instruction on what to do after that. Rustington council will have complete directives 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.

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

The notice ought to as well include transparent detail of what parking violation you are accused of committing and include any indication, such as a photograph, which is being relied upon to verify 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 procedure and the timescales involved.

If you are in any uncertainty as to what to do when you obtain a pcn, it is always a good idea to seek independent opinion from the Rustington Citizen's Advice Bureau, or a Rustington lawyer. The Law Society can provide details of a Rustington 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 pact with a landowner to enforce any parking restrictions they choose to place on their land.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions frequently in a sign displayed on the land which you agree to abide by when you park on that terrain. 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 for that reason 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 terms and conditions of the car park should be displayed openly and concisely on signs as you enter the car park and at further points across the location, 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 ought to check that these terms are correctly displayed at the car park in question. If you discover they are not, you may want to write to the business to appeal the charge.

The main differentiation linking an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is not anything in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines, although scores of 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 quantity 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 rate should be sensible 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 recover a parking charge from you without first taking you to court, so if you believe there has been a misunderstanding and you shouldn't 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 evidence 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 case in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this stage. Take into account that the parking operator has to corroborate its case on the balance of probabilities.

It is also foremost to note that, as things presently stand, the driver of the vehicle is the only person who can enter into a contract with the landowner. Thus 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 supply 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 assured 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can look forward to a succession 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 reasonable.

The bottom line is it is going to be very difficult for these companies to demonstrate 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 straightforward to miss when you are busy thinking of all the stuff you want to acquire.