Westbury Parking

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Westbury Parking

Westbury parking in Wiltshire is getting harder by the day. There look to be further yellow lines, more traffic wardens, a smaller amount 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 assist you with your parking in Westbury. If you have received a parking ticket or fine at the same time as parking in Westbury, then we are here to assist.

To begin with there are 2 different types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which one you've received. If the ticket is a formal notice from Westbury council or Westbury police then you've been given 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 civic 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 Penalty Charge Notice issued by a council or police force then you ought to refer to the Westbury council or Westbury police for recommendation on what to do next. Westbury council will have comprehensive information 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.

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

The notice should as well include transparent detail of what parking violation you are accused of doing and contain any data, such as a photograph, which is being relied upon to demonstrate you committed the offence. Crucially, the Penalty Charge Notice must in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

If you are in any doubt as to what to do when you receive a penalty charge notice, it is always a good idea to get independent advice from the Westbury Citizen's Advice Bureau, or a Westbury lawyer. The Law Society can provide details of a Westbury 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 agreement with a landlord to enforce any parking restrictions he or she chooses to place on their terrain.

A proprietor typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions customarily 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 include a set time limit, an obligation 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 extra points across the site, along with info about parking charges and any consequent charges which could be incurred for failing to comply. If you receive a parking charge notice you should check that these terms are properly displayed at the car park in question. If you find they are not, you may desire to write to the company to appeal the charge.

The main distinction between an official penalty charge issued by the establishment and a parking charge issued by a private company is that there is zilch in criminal law to support a penalty or fine for parking on private land. Therefore they shouldn't 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 damages. The quantity they ask for is to compensate for you breaching the contract you formed when you parked on the property in question. According to the CAB, this cost should be sensible 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 claim a parking charge from you without first taking you to court, so if you think 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 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 prove their argument in court, but it is advisable to seek advice from the Citizens Advice Bureau or a solicitor before things get to this period. Remember that the parking operator has to prove its case on the balance of probabilities.

It is also imperative to note that, as things now stand, the driver of the vehicle is the only person who can enter into a contract with the proprietor. As a result 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 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 confident 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 sequence 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 hard 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 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 easy to miss when you are busy thinking of all the things you want to acquire.