Receiving a private parking ticket is never on anyone’s to do list, but it can happen from time to time. Even the most careful of drivers (and parkers) can accidentally break a rule which can lead to a parking ticket.
That’s why today, we’ve put together this guide that will include everything you need to know abut parking fines on private land. You’ll learn:
- Rules to remember when parking on private land
- How to deal with a parking fine on private land
- How to understand signage
- What getting a parking charge notice means for you
We understand how frustrating it can be to get a parking ticket, especially if you weren’t aware you did anything wrong! Let’s dive in and explore the realms of the private parking ticket.
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Is it illegal to park on private land?
It depends on where you park.
You’re not legally allowed to park on someone’s private land that isnt a car park. However, there are many private car parks around the UK that you are allowed to park on, such as:
- A hospital
- Supermarket
- Private business
- Private car park in a city centre
You will usually have to pay for parking in a private car park, and there will be signage that indicates how to pay, how much it will be, and where you can pay. The signage must be clear about the rules and regulations for using the car park, but quite often they can be misleading, which is why many people end up with private parking fines in the first place.
If you do plan on using a private car park, make sure you understand the rules laid out on the signage. It’s also a good idea to take a photo of the signage to back you up in case you do end up with a private parking ticket.
Are private parking fines legally enforceable?
No, not to begin with.
A parking fine on private land is essentially an invoice when it’s first issued. It’s asking the driver to pay for breaking one of the rules laid out by the private parking operator.
However, it can become legally enforceable if the private operator chooses to take you to court for a court order.
It’s important to keep in mind that they may not take you to court for such a small amount of money, but it’s also not unheard of, so it’s best to either pay the fine, or start an appeal.
Should I ignore my parking fine on private land?
In short, no.
While there’s a chance that they might not pursue you for payment, there’s lots of stories in the news where private parking operators have been relentless to get the money that’s owed to them.
Not only that, ignoring the fine means that you may end up with extra fines on top, especially if the private parking operator chooses to take you to court and wins!
Even if you don’t believe you did anything wrong, it’s best not to ignore a parking fine on private land. You’re better off starting an appeal, which we’ll go into detail about later in the article.
Why it’s important to read the car park signs
There are lots of strict rules for private parking operators when it comes to their signage. They must be visible and easy to read for motorists that are entering and using their car park.
However, it’s the small print that matters. There have been lots of cases in the news where people haven’t read the small print, which has lead to them breaking a rule for using the car park, and then they have to end up paying the fine.
That’s why it’s important to take the time to read the signage in any car park you use – even the small print! It’s also a good idea to take a photo of the signage in case you need it to back up an appeal in the future.
Source: Money Saving Expert
As you can see, this motorist is unsure what their rights are because they’re not sure exactly when the alleged offence happened, as well as what was on the signage in the car park. Save yourself a headache and read it before choosing to park there!
What will happen if I don’t pay my parking fine on private land?
There are a number of things that could happen if you choose not to pay your parking fine on private land.
Firstly, the company may continue to chase you for payment in the forms of letters or phonecalls. This can be distressing enough to make people pay up just to make the problem go away.
However, if you still don’t pay, they might choose to take you to small claims court to get a court order, which then makes the parking fine legally enforceable. Keep in mind that sometimes it will never get this far because court action for a small fine sometimes isn’t worth their time. But, it’s not unheard of, so don’t presume they won’t do it.
If you still refuse to pay after they’ve gotten a court order, they can then ask the courts if they are allowed to use further enforcement, such as bailiffs. If it’s gotten to this stage, there’s a good chance it will be approved. Bailiffs then may show up at your home address to attempt recovery of possessions, which they will then sell to pay for the fine you owe, plus court costs, plus their own fees added too.
As you can see, letting it get to this stage could become expensive, not to mention add lots of unnecessary stress to your life! Either pay the fine, or appeal it.
Don’t use unaccredited parking companies – IMPORTANT TO KNOW
Another thing to keep in mind when using private parking is that you shouldn’t use parking companies that aren’t members of an Accredited Trade Association (ATA). Parking companies that aren’t members of an ATA cannot legally request your address from the DVLA, so if you have had a PCN left on your windshield, they cannot contact you at your home address, which means you’ll never hear from them again.
You can easily check if a parking company is a member of an ATA by calling the International Parking Community (IPC) or the British Parking Association (BPA).
Essentially, if the company isn’t a member of an ATA, don’t make contact with them.
Can I appeal my parking fine on private land?
Yes! If you believe the parking fine on private land was issued unfairly, you have the right to appeal.
The first thing you’ll need to do is contact the parking operator of the car park. You’ll need to write what’s known as an informal appeal (provided they are a member of an ATA) to explain why you don’t think you should pay the fine.
You’ll need to include:
- The PCN number
- Your vehicle make and registration
- Your name and address
- Evidence to prove your innocence (the more the better)
We have a free and easy to use parking ticket appeal letter template that will help you create an airtight appeal!
They will then have 56 days to make a decision. If that amount of time has passed and you still haven’t heard anything, you win your case by default.
Can I appeal against their decision?
Yes!
If your appeal is rejected, don’t worry! If you want to appeal your case further, this is where a formal appeal comes into play. You’ll need to ask an independent tribunal to look at your case. There are two independent groups you can use:
- Independent Appeals Service (IAS)
- Parking on Private Land Appeals (POPLA)
The independent group you end up using will depend which ATA the private parking company is a member of:
- You’ll use the Independent Appeals Service (IAS) if the company is a member of the International Parking Community.
- You’ll use Parking on Private Land Appeals (POPLA) if the company is a member of the British Parking Association.
Important information to remember about private parking tickets
When a private parking operator issues a parking charge noticel they have 14 days to get this to you, unless there are other extreme circumstances that would have prevented this. If they don’t get it to you within that timeframe without good reason, you have grounds to appeal!
