Malvern Parking

Church | Schools

Malvern Parking

Malvern parking in Worcestershire is getting harder by the day. There look to be more yellow lines, added 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 we can assist you with your parking in Malvern. If you have established a parking fine or ticket whilst parking in Malvern, then we are here to make your life a bit easier.

First of all there are 2 various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is vital for your wallet that you are unmistakable about which one you have received. If the ticket is an endorsed notice from Malvern council or Malvern police then you've been given a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking illegally 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 ought to refer to the Malvern council or Malvern police for recommendation on what to do next. Malvern council will have complete advice on their web pages 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.

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

The PCN must also contain transparent detail of what parking violation you are accused of committing and contain any proof, such as a video, which is being relied upon to establish you committed the offence. Importantly, the notice must also 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 uncertainty as to what to do when you are given a penalty charge notice, it is always a nice idea to get independent counsel from the Malvern Citizen's Advice Bureau, or a Malvern lawyer. The Law Society can provide details of a Malvern solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking business. 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 ground.

A landowner typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the one already there - 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, specifically if the notice is clear and prominently displayed and you are therefore entering into a deal with the business running the car park.

More often than not, such restrictions will mean a set time limit, an obligation to pay and display or a no-return policy. The T&C's of the car park should be displayed clearly and concisely on signs as you enter the car park and at further points across the site, along with information about parking fees and any subsequent charges which could be incurred for failing to comply. If you pick up a parking charge notice you ought to check that these terms are appropriately 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 disparity linking 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. Hence they should not be described as penalties or fines, even though lots of 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 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 Citizen's Advice Bureau, this payment should be acceptable and in line with the loss suffered by the business, even though extreme 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 get back a parking charge from you without first taking you to court, so if you have reason there has been a misunderstanding 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 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 phase. Bear in mind that the parking operator has to prove its case on the balance of probabilities.

It is also crucial to write down that, as things now exist, the driver of the vehicle is the solitary person who can enter into a contract with the landlord. 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 vehicle, you are under no legal obligation to impart the parking operator with any further information, 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 corroborate its case. However you should let them know that you contest the notice as if not, you can expect 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 is 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 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.