Parking Ticket Legal Advice: When a Solicitor May Help

Have you received a private parking fine and are wondering if you should pay or appeal? This article will offer clear and simple advice. 

This guide explains when legal help may be useful and the limits of what an adviser can promise.

In this article, we’ll discuss:

•  What a parking charge notice is.
•  Whether you must pay a parking charge.
•  How to appeal a parking charge.
• How driver, keeper and owner liability differ.
•  How long a parking company has to respond to your appeal.

We know that private parking fines can be a real headache. But there’s no need to worry; we’re experienced in dealing with these sorts of issues and are here to help you navigate through them.

Do you need a lawyer?

You don’t have to get a parking ticket lawyer to make a parking ticket appeal. The vast majority of people appeal their parking tickets themselves. However, you might want to get parking ticket legal advice before deciding whether or not to appeal.

An adviser can assess the evidence, legal issues and likely costs, but cannot guarantee an outcome. Advice does not suspend a payment, appeal or court deadline.

Ultimately, it’s a personal decision but the cost of parking ticket legal advice could easily exceed the cost of the parking ticket.

UK Law

A valid private parking debt can be owed before a court judgment. Check the parking terms, evidence, amount and whether the person pursued is legally liable. The court decides a disputed claim; it does not create every contractual liability for the first time.

Relevant issues may include:

1. Whether the contract, signs, alleged breach and operator’s authority are established.
2. Compliance with applicable notice and code requirements, including any discount rules.
3. Whether a qualifying grace or consideration period applied.
4. Whether the sum is supported by the contract and law. There is no universal statutory £50/£70 cap from the withdrawn2022 code.

Advertisement

Paid legal information: Continue to JustAnswer

Advertisement. Paid general legal information from JustAnswer. Memberships renew automatically until cancelled. Check the initial price, renewal price, billing interval and cancellation terms. The standard service does not create a solicitor-client relationship. No successful outcome is guaranteed. MoneyNerd may receive a referral fee.

Who is responsible – driver or owner?

A private charge normally concerns the driver’s alleged contract. In England and Wales, the keeper may be liable only if the Protection of Freedoms Act 2012 conditions are met.

DVLA records identify the registered keeper, who is not necessarily the owner or driver.

For keeper liability under Schedule 4 of the Protection of Freedoms Act 2012 in England and Wales, a notice without an earlier notice to driver normally must be delivered within 14 days after the parking period. If a compliant notice to driver was first given, the keeper notice normally must be delivered on days 29–56 after that notice. Other conditions also apply. Scotland and Northern Ireland do not use those England and Wales keeper-liability rules.

But there’s something else you need to know!

Private operators normally need accredited trade-association membership and reasonable cause to obtain DVLA keeper details. Non-membership does not prove a demand is void; information can also arise through other lawful routes.

Can you appeal?

An initial private appeal commonly allows 28 days, but use the actual notice and applicable code. Payment and appeal deadlines are not necessarily identical.

Your appeal, which can also be known as a representation, must be made in writing. Some car park operators will ask you to send a letter, while others may accept written appeals via their website. 

The representation should state why you believe the Parking Charge Notice should be cancelled and accompanied by supporting evidence. We discuss some of the best reasons shortly.

But first, will you need a parking ticket lawyer to lodge your appeal?

What grounds could support an appeal?

Use truthful grounds and supporting evidence. Depending on the facts, relevant issues may include:

1. You broke down
2. A grace period that applied to the particular parking event.
3. The only payment machine wasn’t working
4. You were involved in a (medical) emergency

Explain the real circumstances and provide relevant evidence. Breakdown, a machine fault or an emergency is not an automatic cancellation rule in every case.

Free parking appeal letter template

The form asks for contact details to deliver your free MoneyNerd template.

Explain what happened, why you dispute the charge and include relevant evidence.

Get the free template

General information, not legal advice. Follow your notice’s instructions and deadlines; adapt the wording to your circumstances. No outcome is guaranteed.

How long do they have to respond?

Private operators follow the applicable code’s appeal-response requirements. The 56-day deemed-acceptance rule for certain formal council parking representations must not be applied to every private appeal.

Which independent appeal service applies?

POPLA and IAS provide eligible independent private-parking appeals. They are not the council statutory tribunal or a general parking ombudsman.

The independent service you must use will depend on which Accredited Trade Association the car park operator is a member of. 

BPA-scheme operators generally use POPLA and IPC-scheme operators use IAS. Standard appeals normally have 28-day deadlines after rejection. Follow the rejection notice; in Scotland and Northern Ireland, POPLA accepts driver appeals or a representative of an identified driver, not keeper-only appeals.