Otley Parking

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Otley Parking

Otley parking in West Yorkshire is getting harder by the day. There appear to be further double yellow lines, additional 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 any luck uk comprehensive can help you with your parking in Otley. If you have established a parking fine or ticket at the same time as parking in Otley, then we are here to help out.

Firstly there are 2 various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are clear about which one you've received. If the ticket is a bureaucratic notice from Otley council or Otley police then you have 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 illegally on public domain 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 PCN issued by a council or police force then you ought to refer to the Otley council or Otley police for counsel on what to do after that. Otley council will have complete advice 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.

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

The PCN should also include plain detail of what parking violation you are accused of doing and contain any support, such as a video, which is being relied upon to establish you committed the offence. Crucially, 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 method 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 nice idea to get independent advice from the Otley Citizen's Advice Bureau, or a Otley lawyer. The Law Society can provide details of a Otley solicitor.

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

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

More often than not, such restrictions will comprise a set time limit, a requisite 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 extra points across the location, along with info about parking fees and any consequent charges which could be incurred for failing to comply. If you collect a parking charge notice you ought to check that these terms are accurately displayed at the car park in question. If you find they aren't, you may wish to write to the business to appeal the charge.

The core difference involving an official penalty charge issued by the authorities 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. Consequently they should not be described as penalties or fines, although various 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 damages. The amount they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this payment ought to be rational and in line with the loss suffered by the business, although excessive 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 claim a parking charge from you without first taking you to court, so if you suppose there has been a blunder 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 provide 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 show their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this point. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also important to write down that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. For that reason 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 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 positive 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 demonstrate its case. However you should let them know that you contest the notice as if not, you can be expecting 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 reasonable.

The bottom line is it's going to be very difficult for these companies to confirm 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 things you want to purchase.