Wetherby Parking

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Wetherby Parking

Wetherby parking in West Yorkshire is getting harder by the day. There appear to be more 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?

Confidently uk comprehensive can help you with your parking in Wetherby. If you have received a parking ticket or fine at the same time as parking in Wetherby, then we are here to help.

Firstly there are two different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is crucial for your wallet that you are transparent about which notice you have received. If the ticket is a bureaucratic notice from Wetherby council or Wetherby police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on civic 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 should refer to the Wetherby council or Wetherby police for suggestion on what to do after that. Wetherby council will have thorough 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 limit.

As a rule they make available a reduction (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice must also include plain detail of what parking violation you are accused of doing and contain any confirmation, such as a video, which is being relied upon to confirm you committed the offence. Crucially, the notice should also 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 uncertainty as to what to do when you are given a pcn, it is always a safe idea to get separate counsel from the Wetherby Citizen's Advice Bureau, or a Wetherby lawyer. The Law Society can provide details of a Wetherby solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking company. A private parking company 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 property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions ordinarily in a notification 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 as a result entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, a requirement to pay and display or a no-return policy. The terms and conditions of the car park should be displayed obviously and concisely on signs as you enter the car park and at further points across the location, along with information about parking fees and any ensuing 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 discover they aren't, you may desire to write to the business to appeal the charge.

The major difference relating an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. Consequently they should not be described as penalties or fines, even though countless 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 application for costs. The total 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 payment ought to be rational and in line with the loss suffered by the business, 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 salvage a parking charge from you without first taking you to court, so if you deem there has been an error 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 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 argument in court, but it is advisable to seek advice from the Citizens Advice Bureau 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 vital 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 landowner. As a result if you were not 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 provide 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 convinced 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 confirm its case. However you should let them know that you contest the notice as if not, you can expect 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. 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 fair.

The bottom line is it's 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 acquire.