Warminster Parking

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Warminster Parking

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

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

First there are 2 various 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 one you have received. If the ticket is an official notice from Warminster council or Warminster police then you have been issued a PENALTY CHARGE NOTICE (PCN). Only the 2 bodies are allowed to issue PCN's 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 non-payment of the fines.

If you have received a PCN issued by a council or police force then you should refer to the Warminster council or Warminster police for information on what to do next. Warminster council will have comprehensive 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.

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

The Penalty Charge Notice must also contain plain detail of what parking violation you are accused of doing and include any facts, such as a video, which is being relied upon to show you committed the offence. Importantly, the PCN must 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 reservation as to what to do when you obtain a pcn, it is always a good idea to get separate counsel from the Warminster Citizen's Advice Bureau, or a Warminster lawyer. The Law Society can provide details of a Warminster 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 he or she chooses to place on their land.

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

More often than not, such restrictions will mean 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 visibly and concisely on signs as you enter the car park and at further points across the location, 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 ought to check that these terms are correctly 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 main divergence between 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. For that reason they should not be described as penalties or fines, even though scores of 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 a claim for compensation. The total 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 payment should be affordable and in line with the loss suffered by the company, 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 recover a parking charge from you without first taking you to court, so if you deem there has been a blunder 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 make available confirmation 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 demonstrate their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this point. Bear in mind that the parking operator has to corroborate its case on the balance of probabilities.

It is also worthy 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 proprietor. So if you were not the person driving you may wish to inform the parking company of this right 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 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 bear out its case. However you should let them know that you contest the notice as if not, you can anticipate a series 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 straightforward to miss when you are busy thinking of all the stuff you want to purchase.