Marlborough Parking

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Marlborough Parking

Marlborough parking in Wiltshire is getting more difficult by the day. There look to be more double yellow lines, added traffic wardens, less 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 Marlborough. If you have established a parking ticket or fine whilst parking in Marlborough, then we are here to lend a hand.

First 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've received. If the ticket is an official notice from Marlborough council or Marlborough police then you have 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 illegally on public 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 PCN issued by a council or police force then you ought to refer to the Marlborough council or Marlborough police for advice on what to do next. Marlborough council will have thorough instructions 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.

By and large they give a discount (how nice of them) if you pay within a certain time frame.

The Penalty Charge Notice should as well include obvious detail of what parking violation you are accused of committing and include any confirmation, such as a photograph, which is being relied upon to show you committed the offence. Crucially, the Penalty Charge Notice ought to in addition contain 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 are given a pcn, it is always a nice idea to seek independent guidance from the Marlborough Citizen's Advice Bureau, or a Marlborough lawyer. The Law Society can provide details of a Marlborough 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 an arrangement with a landlord to enforce any parking restrictions he or she chooses to place on their property.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions ordinarily in a warning 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 hence entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, a necessity 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 site, along with info about parking fees and any ensuing charges which could be incurred for failing to comply. If you pick up a parking charge notice you should check that these terms are correctly 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 chief distinction involving an official penalty charge issued by the authorities 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. Consequently they should not be described as penalties or fines, although numerous 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 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 Citizen's Advice Bureau, this charge ought to be reasonable and in line with the loss suffered by the company, 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 feel there has been an error 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 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 corroborate their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also of great consequence to write down that, as things presently stand, the driver of the vehicle is the solitary person who can enter into a contract with the property-owner. Consequently 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 vehicle, you are under no legal obligation to impart 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 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 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's going to be very hard 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 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.