Liversedge Parking

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Liversedge Parking

Liversedge parking in West Yorkshire is getting more problematical by the day. There appear to be further double yellow lines, added traffic wardens, a reduced amount of free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

With a bit of luck uk comprehensive can assist you with your parking in Liversedge. If you have received a parking fine or ticket at the same time as parking in Liversedge, then we are here to lend a hand.

First of all there are two separate types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is essential for your wallet that you are clear about which one you have received. If the ticket is a legitimate notice from Liversedge council or Liversedge police then you've 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 illegally on civic property. 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 should refer to the Liversedge council or Liversedge police for guidance on what to do after that. Liversedge council will have complete advice 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.

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

The notice ought to as well include plain detail of what parking violation you are accused of committing and include any data, such as a photograph, which is being relied upon to corroborate you committed the offence. Significantly, the Penalty Charge Notice should in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals process and the timescales involved.

If you are in any doubt as to what to do when you get a pcn, it is always a good idea to seek independent counsel from the Liversedge Citizen's Advice Bureau, or a Liversedge lawyer. The Law Society can provide details of a Liversedge 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 they choose to place on their property.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions frequently in a sign 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, specifically if the notice is clear and prominently displayed and you are therefore entering into an agreement with the business running the car park.

More often than not, such restrictions will involve a set time limit, a necessity 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 extra points across the site, along with information about parking fees and any subsequent 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 aren't, you may desire to write to the company to appeal the charge.

The major difference concerning an official penalty charge issued by the authorities and a parking charge issued by a private company 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 issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make a claim for costs. The amount they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the Citizen's Advice Bureau, this cost ought to be sensible and in line with the loss suffered by the company, even though 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 recover a parking charge from you without first taking you to court, so if you believe there has been a misunderstanding and you should not 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 proof 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 bear out 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 central to write down that, as things currently exist, 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 straight 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 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 confirm its case. However you should let them know that you contest the notice as if not, you can count on a string 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 hard 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 easy to miss when you are busy thinking of all the stuff you want to purchase.