Fighting private parking tickets – know your rights
We look into the difference between private and public parking charges - and how you fight tickets issued on private land
Beware of those signs in the car parks of supermarkets and retail parks stating that, if you park for longer than a set period of time, you will receive a parking ticket.
Most people believe that these tickets are the same as those issued by councils for parking offences – and fear that if they don’t pay up, they’ll get a visit from the bailiffs. But this is not the case. These tickets are not fines – they’re invoices.
In 2012, the DVLA collected £10 million in company requests for the personal data of parked cars. The DVLA charges a company £2.50 per request – that’s four million individual requests for the data on privately parked cars.
The private parking industry has expanded rapidly due to confusion over the different types of parking tickets, as retailers and retail park operators attempt to ensure we only using their car parks while we are in their shop.
What is a Parking Fine Notice?
A PFN sounds similar to the tickets issued by councils, which are known as Penalty Charge Notifications (PCNs). However, a PFN and a PCN are not the same. But while the PCN is a fine that can be enforced debt recovery if unpaid, The PFN is actually an invoice. Although the way the PFN is often presented does not give that impression!
If you do not pay the ticket, it cannot affect your credit record and the issuers cannot send bailiffs to recover the money. If they want to force you to pay, they will need to take you to court, which is costly and time-consuming.
What they are sending you is an invoice for a breach of contract. When you drive onto private land or a car park, you enter into an unwritten contract. The issue is therefore a contractual, civil matter and not a criminal one.
Where could you receive a Parking Fine Notice?
If you have parked on private land, for example a road, car park, shopping centre, retail park or supermarket car park, then you could receive a Parking Fine Notice. These may also be called "Parking Charge Notices" or similar. For more information on spotting private parking tickets, check out our guide!
If you have paid
If you want to appeal your ticket but have already paid, then unfortunately it is too late. If you want to dispute the ticket, never use terms such as appeal, as you are creating legitimacy for the ticket. Instead, state that you would like to “dispute the ticket”.
Can you be clamped?
In 2012, clamping on private land was banned under the Protection of Freedom Act . In Scotland, the practice was banned in 1992. However, in Northern Ireland the right to clamp still exists.
Who is liable for the ticket?
In England and Wales, the owner is liable for the costs rather than driver of the car. Hired cars are the exception, as in the hire agreement you agree to be liable for ticket costs. In Scotland and Northern Ireland the driver is liable for the cost of the ticket.
How did they get hold of my personal details?
Asked to pay at the time?
Do not pay if you are asked to pay at the time of the event. All legitimate firms will accept communications by post or email and will not expect you to pay on the spot.
What can you be charged?
The BPA recommends that any ticket should be less than £100. If you were taken to court, the firm will need to prove the costs are fair and reasonable under the Unfair Terms in Consumer Contracts Regulations 1999. It is reasonable to ask about street parking ticket charges.
If you have parked on a private road, this is classed as trespassing as you have not received an invite onto the land and therefore you can also be charged.
Want to contest the Parking Fine Notice?
If you are going to dispute, then you should collate as much evidence as possible to support your case. Take photos of where you received the ticket.
Grounds for dispute
Look out for:
• Signs: are the signs unclear or not visible where you parked? See if you can demonstrate the signs were not reasonably visible and therefore you were unaware of the terms.
• Ground markings: are any parking bays unclear, confusing or is there no ground marking at all so that you could not determine where to park?
• Meter: take a picture of the ticket and the meter, along with all writing on the meter. Were the parking times or the amount you had to pay unclear?
• Witnesses: if possible, get witness statements to support your case
Car was stolen/sold
If you car was stolen at the time of the incident then you should submit your Police Incident Reference with your dispute. If sold, provide proof of the sale. In both cases, if you can prove it, you are not be liable for the ticket.
If the company rejects your dispute, then you can escalate to the firm’s trade member association. You must have an official reference number from the company and their reasons for rejecting your dispute. They will refer you to POPLA, the Independent Tribunal for Parking Fines. Around 40% of appeals are upheld in the favour of the public.
If you wish to dispute the ticket, then you have 28 days in which to dispute after the firm that issued the ticket has rejected your appeal.
If you do not pay, then their next step is to recover the money. To do this they must take legal action against you. Most fines will go to the Small Claims Court. However, the firm may threaten/use the County Court. If handled through the Smalls Claims Court, you will be required to pay the fine but not the company’s costs. Only around 2-5% of cases go to court per year.
If you just want to fight the ticket
Then simply respond that you are refusing to pay and remember not to say you are appealing the ticket, as this legitimises the ticket. Also write “Without Prejudice” on the letter – then no information in the letter can be used against you.
Bailiffs and your rights.
For a simple, easy way to complain about more than 1,500 companies across 60 services, go to Resolver Motoring Complaints or download the iPhone app.
Images: Elliot Brown and mattbuck