Have you received an unfair parking charge notice? Well, whatever you do, don't automatically pay it.
The first thing to point out is that there are two types of parking tickets: those issued from official public bodies (such as the police) and those issued by private companies. This guide deals purely with the latter.
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"Parking charge notices are not fines" |
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Be aware, however, that tickets issued by private companies often add legitimacy to their tickets by phrasing them in a way which imitates a council-imposed notice. They are often referred to as 'Parking Charge Notices' or PCNs, imitating the 'Penalty Charge Notice' title of council tickets.
Parking tickets issued on private land are not subject to the same regulations as those issued by local councils, and are therefore more likely to be issued by unscrupulous cowboys.
On 1st October 2012, the government passed a raft of new legislation in an effort to reduce these unfair practices; however, there has been very little press coverage of the new measures and, as a result, the vast majority of drivers are unaware of the new rules.
How to fight back
It is important to remember that tickets imposed by private companies ARE NOT FINES. By entering a car park, you are establishing a contract with the owner of the land. The ticket is therefore merely an invoice related to your breach of this contract.
If you think a ticket has been unfairly imposed, the first thing to do is appeal to the enforcement company, explaining your grievance. If the ticket has been issued as the result of a glaring error, your appeal may be accepted immediately.
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"The company has no legal power to force you to pay" |
If your appeal is rejected, what you do next depends on whether the parking operator is part of the British Parking Association (BPA).
If it is, you can appeal via POPLA (Parking on Private Land Appeals), an independent organisation which aims to resolve parking issues such as these.
If your appeal is still rejected, the operator may take you to court (this almost never happens, incidentally). If you do end up in court, the worst thing which can usually happen is you end up having to pay the ticket -- costs usually aren't awarded.
With a non-BPA-approved car park, the process is largely identical; however, you won't be able to use POPLA. Simply register your grievance with the parking operator and be prepared to stand your ground if they hassle you.
Stand your ground
If you're adamant that you're in the right, you can simply ignore the PCN and the letters, or alternatively simply refuse to pay. In many cases, the operator will stop writing to you if you're causing them too much hassle; however, you should be prepared for a number of follow-up letters.
If you do find yourself at the receiving end of a string of angry letters, it's important to remember that THE COMPANY HAS NO POWER TO FORCE YOU TO PAY. The worst that can happen is that they take you to court, and if you are in the right they will not win.
To put this in perspective, in 2011, of the 1.8 million private parking tickets issued, 845 resulted in the commencement of court action, 49 actually went to court, and only 24 of these were won by the parking operators.
REMEMBER: DON'T LET THE COWBOY PARKING ENFORCEMENT COMPANIES BULLY YOU!
While we have endeavoured to ensure that the advice given in this article is as accurate as possible, we can't assume responsibility for any damage or loss which may result from following it. How you deal with a parking ticket depends on the individual circumstances surrounding the dispute.
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