When a parking ticket lands in your lap, there are a range of thoughts and emotions that immediately come to mind. You might be feeling frustrated because it’s the last thing you need right now, or you might even be feeling anxious about what to do next. You might also be wondering if you need a parking ticket lawyer to help you in this situation.
Firstly, don’t panic, you’re not alone! Hundreds of thousands of people each day receive parking tickets and successfully navigate through the next steps. We’ve created this article so that you can understand:
- If you need a parking ticket lawyer
- What your rights are as a motorist
- Who’s responsible for paying a parking ticket
- Whether you actually need to pay or not
While things might be feeling a little overwhelming, it’s not actually as scary as you think. Without further ado, let’s dive into whether or not you need a parking ticket lawyer!
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Do you need a parking ticket lawyer?
In short, no, you don’t need a parking ticket lawyer.
Many people in the UK have successfully appealed their parking tickets without the use of a parking ticket lawyer. However, depending on your circumstances, you might feel more comfortable speaking to a parking ticket lawyer about your situation.
Source: Money Saving Expert
Everyone’s circumstances will be different. For example, this motorist might want to speak to a parking ticket lawyer after having a letter from the solicitors. Using your judgement might help you win an unfair parking ticket case with a parking ticket lawyer!
They will be able to tell you whether or not your appeal is likely to be successful by looking at the details of your case. If it’s unlikely that you will win, they can save you the stress of going through an appeals process. Not only that, it will give you the chance to take advantage of paying a reduced rate if you pay within 14 days of receiving the ticket.
On the other hand, it’s not uncommon to experience heightened anxiety when a parking ticket is issued to you, and you might not feel level headed enough to deal with the situation. But, if you believe you have solid grounds for an appeal, getting a parking ticket lawyer might be the best solution for you.
Keep in mind that you will need to pay for a parking ticket lawyer, which could end up costing you more than the parking ticket would have in the first place.
Don’t forget that you can pay a fiver for advice from a parking ticket lawyer using JustAnswer.
What are the parking ticket laws in the UK?
Both council and privately owned car parks are legally allowed to issue you a parking ticket if you’ve broken any of the rules when using their car parks. However, there’s a few things to keep in mind.
A parking ticket issued by the council, also known as a penalty charge notice, is legally enforceable. This means that if you ignore the ticket or fail to pay/make an appeal, they could take you to court.
A parking ticket that’s privately issued, known as a parking charge notice, is not legally enforceable. However, they could choose to take you to court and have a judge make the fine enforceable. This will only work when:
- They’ve provided clear signage
- Offered you a reduced rate if you pay within 14 days
- Not overfined you (this amount will vary depending on where you’ve parked)
- Allowed you a ten minute grace period after your parking ticket runs out
Knowing which type of parking ticket you’ve been issued may directly affect your next actions, so it’s important to find out!
Who is responsible for paying a parking ticket?
Again, the type of parking ticket you’ve been issued will dictate the answer to this question.
If you’ve been issued a penalty charge notice and weren’t the one driving at the time, you will need to ask the person driving to pay for the parking ticket. However, if they refuse, you are still liable to pay for the ticket as the owner of the vehicle.
If a parking charge notice was issued to you, it’s slightly different. You may still be send the parking charge notice because they have asked DVLA for the details of the owner of the car. This is what’s known as “keeper liability”. However, if you can prove that you weren’t driving your vehicle when the ticket was issued and provide them with the name and address of the driver, the parking charge notice will then be issued directly to them. This is called a “transfer of liability”.
One 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 against my parking ticket?
Yes!
The process will differ depending on what kind of parking ticket you’ve received. We’ve written full guides on appealing council parking fines and appealing private parking fines that you can check out. There is a difference between the two, so make sure you’re certain which kind of ticket you’ve been issued.
What are some great excuses for parking ticket appeals?
There are a number of valid reasons that will be accepted when it comes to making a parking ticket appeal. We’ve written a guide detailing as many as we could find, but here are the most popular excuses for a parking ticket appeal:
- You were unable to pay (payment machine broken and/or payment website was down)
- You parked and paid correctly
- Your vehicle broke down
- The signage was unclear or not to be found at all
Remember that you’ll always need as much evidence as possible to back up your parking ticket appeal!
How long do you have to wait to hear a decision against a parking ticket appeal?
For both penalty charge notices and parking charge notices, the maximum time you could be waiting is 56 days. If you do not hear back once that time has passed, you have won your appeal by default and no longer have to worry about the fine.
Can I appeal against their decision?
Yes! Like with many of the answers in this article, it will entirely depend on what kind of ticket you’ve been issued. We’ll detail this below.
Penalty charge notice
If the council rejects the appeal you’ve made, they will send you what’s known as a notice of rejection. This notice will contain details on how you can appeal further if you wish to. Your notice of rejection letter will also have details on how to make a further appeal to the General Regulatory Chamber.
Parking charge notice
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.