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Car parks - private
There are a number of car parks within Pendle which are owned and managed by private companies, including the multistorey car park in Nelson.
The Council has no direct control over the terms and conditions governing these private car parks or whether they charge a fee so that you can park your vehicle.
The multistorey car park is free to use and allows all-day parking (although it closes at 7pm). We would certainly encourage anyone driving to Nelson to make full use of this facility. However, other private companies may employ parking enforcement contractors to patrol their car parks, which could include issuing parking tickets.
Enforcement on Private Car Parks
The Council cannot get involved in disputes over parking tickets issued on private car parks, but it's important to understand that they are very different to those issued on behalf of councils, even though they are often deliberately designed to look the same.
Parking tickets issued on behalf of councils (either Pendle Council on its car parks or Lancashire County Council on the public highway) are known as Penalty Charge Notices (PCNs for short). There are strict regulations that govern the serving of these Penalty Charge Notices and there is a statutory right of appeal to an independent organisation called the Traffic Penalty Tribunal (external link).
However, parking tickets issued by landowners (or their agents) on private land are known as Parking Charge Notices. Don't be fooled by the similarity to a Penalty Charge Notice. There are no specific laws governing the process and the tickets are often (but not always) unenforceable. Whereas the registered keeper of a vehicle is liable for parking tickets issued on behalf of either Pendle Council or Lancashire County Council (even if someone else was driving the vehicle at the time), this does not apply to tickets on private land. These tickets are issued under contract law, and it is therefore the driver of the vehicle who is liable for the fee paid. When a driver parks his or her vehicle in a private car park, it is implied that they have accepted the offer of parking on the terms and conditions offered by the landowner. A contract is formed and therefore the terms of the contract can be breached (eg by overstaying the time limit or not purchasing a pay-and-display ticket). Tickets issued are for breach of contract and the amount requested should therefore reflect the loss suffered as a result. Landowners (or their agent) cannot charge you a penalty.
But don't think that because you haven't signed any documents that you haven't entered into a contract. In order to enter into a contract, landowners (or their agents) must make the terms clear to the users of the car park. Signs stating the terms and conditions, including the required fee, must be clear and unambiguous, placed in conspicuous areas and should not be obscured, faded or covered up.
If you think the ticket has been issued fairly and the amount being asked is reasonable, you should consider paying it. However, if you feel that the ticket was issued unfairly or that the amount requested does not reflect the loss suffered, then wait to see if you receive an invoice in the post requesting payment. But don't think of a Parking Charge Notice as a "fine". It's not, and you haven't committed a criminal offence. It's simply a contractual dispute between you and the landowner (or their agent). They have no legal power to make you pay an invoice unless they take you to a county court (small claims) and the court rules in their favour.
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