Pewsey Parking

Church | Schools

Pewsey Parking

Pewsey parking in Wiltshire is getting harder by the day. There look to be more yellow lines, more traffic wardens, less free car parking and even supermarkets are now charging for you to park and shop with them...where will it all end?

Hopefully we can assist you with your parking in Pewsey. If you have established a parking fine or ticket whilst parking in Pewsey, then we are here to assist.

To start with there are 2 various types of parking ticket which are a Penalty Charge Notice and a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which notice you have received. If the ticket is a legitimate notice from Pewsey council or Pewsey police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue Penalty Charge Notices and it means that you are being fined for parking wrongly on municipal property. 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 Pewsey council or Pewsey police for assistance on what to do after that. Pewsey 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 implicated if you fail to pay within the time limit.

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

The notice ought to as well include unmistakable detail of what parking violation you are accused of doing and include any corroboration, such as a video, which is being relied upon to demonstrate you committed the offence. Significantly, the notice ought to in addition include clear instructions of what to do if you want to dispute the fine, along with details of the appeals modus operandi and the timescales involved.

If you are in any uncertainty as to what to do when you obtain a penalty charge notice, it is always a safe idea to seek independent advice from the Pewsey Citizen's Advice Bureau, or a Pewsey lawyer. The Law Society can provide details of a Pewsey 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 an agreement with a landowner to enforce any parking restrictions they choose to place on their ground.

A property-owner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - they will set out restrictions customarily 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, particularly if the notice is clear and prominently displayed and you are thus entering into an agreement with the business running the car park.

More often than not, such restrictions will include a set time limit, a prerequisite 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 additional points across the site, along with info about parking fees and any subsequent charges which could be incurred for failing to comply. If you collect 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 core disparity relating an official penalty charge issued by the authorities 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. Hence they shouldn't 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 an entitlement for damages. The quantity they ask for is to compensate for you breaching the contract you created when you parked on the land in question. According to the CAB, this rate should be fair and in line with the loss suffered by the business, although 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 a misunderstanding 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 offer evidence 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 confirm their case in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this stage. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also vital to note that, as things currently exist, the driver of the vehicle is the solitary person who can enter into a contract with the landowner. Consequently 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 supply 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 verify its case. However you should let them know that you contest the notice as if not, you can anticipate 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 just.

The bottom line is it's going to be very difficult for these companies to establish 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 purchase.