Can Bailiffs Enforce a Private Parking Charge?

Are you worried about bailiffs showing up at your home due to private parking fines? We know how stressful this can be.

After all, over half of the people surveyed by StepChange mentioned that dealing with bailiffs actually made it harder for them to pay off their debts. Many say that they even had to take out more credit to pay the bailiffs.¹

But don’t worry; you’ve come to the right place. In this article, you will find:

• An explanation of private parking fines and how they work.
• If you need to pay these fines.
• The laws around private parking charge notices.
• How private companies can make you pay.
• Ways you could reduce your debt.

This guide explains the difference between a private parking demand, ordinary debt collection and enforcement of a court judgment.

We understand your worries and we’re here to give you clear and simple information so you can deal with this tough time.

Can You Expect Bailiffs for Private Parking Fines?

An operator cannot instruct someone to use bailiff powers merely because a private parking demand is unpaid. In England and Wales, a court judgment and the appropriate warrant or other enforcement authority are needed before court enforcement can take place.

In England and Wales, Schedule 4 of the Protection of Freedoms Act 2012 permits keeper liability only if its conditions are met. It does not impose a universal duty on a keeper to pass the notice to a driver. Key issues include:

• Whether the land and charge qualify for statutory keeper liability.
• Whether the required notices contain the prescribed information and were delivered in time.
• Whether the operator has met all other statutory conditions. Scotland and Northern Ireland have different legal positions.

Paragraphs 4 to 12 of Schedule 4 of the Protection of Freedoms Act 2012 cover the law on parking charges issued on private land.

Here you can see this forum user on MoneySavingExpert has received a private parking fine, and they are worrying that bailiffs will come to their home.

Debt collectors and bailiffs are different.

An ordinary debt collector can ask for payment and may visit, but cannot force entry, seize goods or use bailiff powers. You can ask them to leave; that does not cancel a valid debt.

Even if you send the debt collector away, you still need to deal with the debt, as ignoring it will only make the problem worse.

Bailiffs vs. Debt Collectors

We’ve put together this table to help you better understand the main differences between bailiffs and debt collectors.

If you’d like to learn more about how bailiffs operate, be sure to read our specialized guide.

Can a private company force you to pay?

An operator can bring a civil claim against a person it says is liable. A keeper is not automatically liable merely because the driver is unknown. A court considers the contract, evidence and any applicable keeper-liability requirements.

This can happen when the actual driver’s details are not known.

Keep correspondence and check whether it is an ordinary demand, a letter before claim or genuine court papers. Deadlines and response requirements differ.

Do not rely on an operator abandoning the claim. Respond promptly to court papers to avoid a default judgment, even if you previously appealed to the operator.

You’ll be sent a Defendant’s Response Pack when the operator takes you to court.

Respond by the court deadline. Depending on your position, you may defend, admit all or part of the claim, or seek advice; do not submit an unsupported defence simply to delay payment.

Don’t ignore Parking Charge Notice correspondence

You can ask for the basis and evidence of the claim. A request alone does not cancel it or stop a court deadline. Liability can ultimately be determined by a court.

Don’t assume the fine is yours, but make sure you either contest the fine or pay it.

You can choose to appeal a private parking fine. You can escalate your parking fine appeal if your first appeal gets rejected. 

The process can differ between private car park operators, depending on whether they’re a member of the BPA and follow the BPA code of practice or whether they’re a member of the IPC.  

Can private parking companies use bailiffs?

A private operator may bring a county court claim in England and Wales. If judgment is entered and not paid as ordered, it may apply for the appropriate court enforcement, which can include bailiffs.

However, the operator can chase you for payment through the County Court. They can apply for a County Court Judgement (CCJ) to be issued against you.

We recommend you don’t let things get this far, as the legal consequences of unpaid parking fines are not worth it.

A private demand alone is not a CCJ. A judgment paid in full within one month can normally be removed from the register. Payment later can mark it satisfied, but it normally remains for six years from judgment.

Can UK car park management take you to court?

BPA and IPC codes govern their members, but the legal rules also include contract and consumer law and any applicable statute. Trade associations do not replace the courts or create universal UK keeper liability.

You can be taken to court if a Parking Charge Notice remains unpaid.

But if an operator broke the ‘rules’ when issuing it, the case may not succeed. That said, it’s a gamble you have to weigh up.

A successful defence normally results in the claim being dismissed, while judgment against you sets an amount and payment terms. Full payment within one month can normally prevent a lasting registered CCJ; later payment has different credit-file consequences.

Recoverable legal costs depend on the court, track and applicable rules. Small-claims costs are restricted, but court fees, permitted fixed costs and some other sums can be awarded. Do not assume every solicitor cost is always excluded.

References

1. StepChange – Creditor and Debt Collector Conduct