Have you received a private parking fine and are unsure if it should be paid or appealed? You might even be wondering whether you’re liable to pay your private parking fine. With so many forums online stating that you should just ignore a private parking fine, why not go along with them?
We’ve created this guide to clear up any misconceptions and give you the information you need to choose your next step.
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Private Car Parking Fines Enforcement
Private parking fines, also known as Parking Charge Notices (PCNs), are issued by private car park operators when you fail to pay for parking or exceed the allotted time. These fines can be issued in various locations, including privately owned car parks, hospital car parks, supermarket car parks, and business premises.
A PCN can be left on your vehicle or sent to you by post if you’re captured on camera. It’s crucial to check if the ticket was issued by a member of an Accredited Trade Association (ATA), as non-members might not have the authority to access your details from the DVLA. Therefore, non ATA members won’t be able to get your details, and you can ignore the ticket if you wish.
Are Private Parking Tickets Legally Enforceable?
A Parking Charge Notice is essentially an “invoice” from the private car park operator rather than an official fine. This distinction is important because it means that, initially, the ticket is not legally enforceable. However, ignoring a PCN can lead to further complications, and there is a chance that it could become legally enforceable.
The car park owner may pursue you through the small claims court, arguing that by parking on their private land, you entered into a contractual agreement that you breached. If the court rules in their favor, the ticket becomes enforceable, and you will be legally required to pay.
Can You Ignore a Private Parking Ticket?
While it might be tempting to ignore a private parking ticket because it isn’t immediately enforceable, this can be a risky strategy. If you ignore the ticket, the private car park operator could escalate the matter, which may include taking you to small claims court.
Winning in court would allow them to enforce the ticket, potentially increasing the amount you owe due to added court costs and fees. Ignoring a supermarket parking fine or other private parking tickets could lead to unnecessary legal troubles, so it’s generally better to address the ticket directly.
Consequences of Not Paying a Parking Ticket
If you choose not to pay a private parking fine, several outcomes are possible. The issuing company might send you repeated reminders to pay. In some cases, they might pass the debt on to a debt collection agency, which will then attempt to collect the payment.
It’s important to understand that debt collection agencies do not have any more legal power than the original issuer. However, the persistence of these agencies can be stressful. Not paying a Penalty Charge Notice from a local council is more serious and follows a different process, potentially leading to court orders and bailiff involvement.
How can I appeal my Private Parking Fine (PCN)?
If you think that your parking charge notice (PCN) has been unfairly issued to you, you can appeal to the private parking company that issued the ticket. If you’re successful, the fine will be completely wiped and you no longer have to worry about the company contacting you. If you do decide to appeal, you’ll need to open the dispute within 28 days of the ticket being issued.
There may be a chance to get extra time if you have extreme circumstances that may have prevented you from making an appeal, such as being in hospital.
Appealing a Private Parking Fine process
Unlike a penalty charge notice, a parking charge notice has a slightly different appeals process. The first thing you should do when appealing a parking charge notice is contact the parking operator. This might be the landowner or the parking management company. Give your reasons for appealing the ticket, and ask them to withdraw the fine. This is known as an informal appeal.
You’ll need to make sure that you provide the landowner or the parking company with as much evidence as you can gather. This might be a picture of unclear signage or even documents proving that you sold your vehicle before the date on the ticket.
We have a handy parking ticket appeal template that you can use to make sure you don’t accidentally miss any information!
What happens after I appeal my Parking Charge Notice?
Once you have submitted your parking charge notice appeal, the private parking company or landowner then has 56 days to review, consider and make a decision of your case. They will then let you know if they accept or reject the appeal you’ve made. If you’re successful, your parking charge notice will be cancelled and you don’t need to take any further action.
However, if they do not respond within 56 days, you automatically win your case! From there, you can either pay the fine or take your appeal further.
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.
How the British Parking Association helps Motorists in the UK
The British Parking Association (BPA) plays a crucial role in regulating private parking operators in the UK. Members of the BPA are required to adhere to a strict code of practice, which includes providing clear signage and a transparent appeals process. Knowing whether the parking operator is a member of the BPA can significantly impact your options for appealing a fine.
BPA members are also obliged to offer an independent appeals process through the Parking on Private Land Appeals (POPLA) service, providing an additional layer of protection for motorists.
The Impact of ANPR Technology
Automatic Number Plate Recognition (ANPR) technology is widely used in private car parks to monitor vehicles. This technology captures your vehicle’s number plate as you enter and exit the car park, time-stamping each event. While ANPR can help manage parking spaces efficiently, it can also lead to fines if the system records an overstay or unauthorised parking.
It’s important to be aware of how ANPR operates and ensure you comply with the parking terms and conditions to avoid fines.
Does Not Paying Private Parking Tickets Affect Your Credit Score?
A private parking ticket won’t directly impact your credit score. However, if the matter escalates and a court order is issued, failing to pay the court-ordered amount can result in a County Court Judgment (CCJ) against you. A CCJ will be recorded on your credit file and can affect your credit rating if not settled within 30 days.
A CCJ stays on your credit record for six years, making it more challenging to obtain loans, credit cards, or mortgages. Therefore, while the initial ticket might not affect your credit, the consequences of ignoring it and facing legal action can be significant.
The Legal Framework Surrounding Private Parking Fines
Understanding the legal framework surrounding private parking fines is also useful when you’re dealing with private parking fines. The Protection of Freedoms Act 2012 plays a significant role in regulating these fines. This Act introduced rules for how private parking operators can pursue fines and access vehicle owner information from the DVLA.
If the ticket doesn’t comply with the requirements set out in this Act, you may have grounds for appeal. Familiarising yourself with these legal aspects can empower you to handle private parking fines more effectively.
Common Myths About Private Parking Fines
There are several myths surrounding private parking fines that can mislead motorists. One common myth is that these fines are not enforceable at all. While it’s true that they are not immediately enforceable, ignoring them can lead to legal action.
Another myth is that you can ignore any communication from private parking operators without consequence. This approach can result in increased fines and court involvement. Understanding the reality of how private parking fines work can help you make informed decisions.
As you can see, sometimes the information on forums might hinder you rather than help you!
Tips for Avoiding Private Parking Fines
Preventing private parking fines starts with being mindful of where and how you park. Always check the signage for parking rules and time limits. Pay for the correct duration and keep your ticket as proof. If you’re using a pay-by-phone system, double-check that the transaction is completed.
Private parking fines can be a source of stress and confusion, but understanding your rights and the processes involved can make a significant difference. Whether you decide to pay the fine or appeal it, being informed and proactive is key.
Ignoring a fine might seem like an easy option, but it can lead to more significant issues down the line. By addressing the fine directly, gathering evidence, and understanding the appeals process, you can navigate private parking fines with confidence and avoid unnecessary complications.