Nobody starts their day with the intention of getting a parking ticket, but it happens from time to time. And, when it does, you might be left wondering whether you have to pay your parking charge notice, or whether you can ignore it.
The truth is, the actions you should take when it comes to dealing with your parking ticket will depend on a few things; what kind of parking ticket you’ve received, and whether you actually broke any rules.
Today we’re going to take a look specifically at a parking charge notice. You’ll learn:
- What a parking charge notice is
- Whether or not you need to pay a parking charge notice
- Information on appealing your parking charge notice
- What you can do if your appeal is rejected
Let’s jump right in!
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What’s a Parking Charge Notice (PCN)?
A parking charge notice (PCN) is a fine that’s issued to drivers that have parked their car on private land, and broken the rules set out by the landowner or the company acting on their behalf. This means that if a parking warden or CCTV catches you breaking their rules, you’ll receive a parking charge notice.
You’ll receive a parking charge notice in one of a few ways:
- Handed to your by a parking warden
- Left on your vehicle
- Sent to you through the post
Do you have to pay a Parking Charge Notice (PCN)?
In short, no.
Unless a court has ordered that you must pay the parking charge notice, there’s no legal requirement for you to pay. However, this doesn’t mean that by doing nothing that the problem will go away.
When parking charge notices are issued, they’re essentially an invoice from the company managing the land for breaking rules they’ve set out. That’s why at first, they’re not an enforceable charge. However, private parking companies have the right to take you to court to ask for a court order, and it’s not unheard of here in the UK.
So, while you might not have to pay, you should either start an appeal or pay the fine to make the problem go away and avoid unnecessary court action.
Can I ignore my Parking Charge Notice (PCN)?
It’s not advisable to ignore a parking charge notice.
While the fine might not be enforceable to begin with, the landowner or the private parking management company could choose to pursue the fine further. This might involve going to court, and as you may have seen in the news, the court will often favour the parking ticket issuer.
Instead, you’re better off looking at how to appeal your PCN, or simply paying the fine and washing your hands clean of the matter.
How can I appeal my Parking Charge Notice (PCN)?
One thing that many motorists don’t realise is that they can appeal their parking charge notice if they think it was issued wrongly or unfairly. After all, people make mistakes! A parking attendant might have misconstrued your actions and thought you broke one of their rules.
If you do want to appeal your parking charge notice, you’ll need to do so within 28 days of your PCN being issued. If you’re successful, your fine will be wiped and you no longer need to worry about the parking fine.
You can make an informal appeal directly to the owner of the car park or the private management company that runs it on their behalf. You can use our free and easy parking ticket appeal letter template to help make sure you’ve got all of the information you need to make a successful appeal.
You’ll need a valid reason for appealing your ticket, as well as any evidence to back up your claim. Once this is submitted, they then have 56 days to make a decision. If you don’t hear back after 56 days, you automatically win your appeal!
Source: Money Saving Expert
As you can see, there are sometimes grounds to appeal that are less obvious than you might think. We’ve got a full post on some great excuses to get out of paying for a parking ticket that you might want to check out!
Can I appeal against their decision?
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.
What will happen if I don’t pay my Parking Charge Notice (PCN)?
There are a number of things that could happen if you choose not to pay your parking charge notice:
- The company might simply give up (although this is unlikely)
- You could continue to be chased for payment
- You might receive threats of court action
- Debt collectors may get in touch to attempt recovery of the fine
- The company could choose to take you to court
There have been instances in the past where private parking operators have become quite aggressive. This could cause you unnecessary stress, so you’re better off paying for the parking ticket or starting an appeal.
Is a Parking Charge Notice (PCN) legally enforceable?
No.
A parking charge notice is not legally enforceable when it is first issued. In fact, you can deem the parking fine as more of an invoice than a parking fine!
However, the private parking operator might choose to take you to court with the intention of asking for a court order. If they are successful, the fine is now legally enforceable. You’ll then have a further month to pay your parking charge notice. If you don’t they can then ask the courts for permission to employ bailiffs to recover belongings to sell to cover the cost of the fine.
Information for drivers – Know Your Rights!
Don’t forget that you now legally have a ten minute grace period when returning to your vehicle. This means that you could technically overstay by ten minutes and still not be fined. If you weren’t given a grace period, you have grounds to appeal the fine and might not have to pay it ever!