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BPA Parking Fine – Should you Pay or Appeal? 2022 Laws

HomePrivate Parking FinesPrivate Parking CompaniesBPA Parking Fine – Should you Pay or Appeal? 2022 Laws
bpa parking fine

Do you think you got a BPA parking fine? You’ll probably find it’s either a fake Parking Charge Notice or it’s from a legitimate private parking company. The British Parking Association (BPA) provides a service to operators, but the BPA does not issue fines to motorists.

I look at the role of the BPA. Then, you’ll find information on what to do if you get a Parking Charge Notice that could be fraudulent. Read on to find out more.

Do You Have to Pay?

In many circumstances, parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat with an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

Who is the British Parking Association (BPA)?

The BPA represents the parking sector in the UK. Their members include healthcare trusts, Government organisations, local authorities, and private car park operators, to name but a few sectors covered.

The association provides an Approved Operator Scheme that covers how its members manage parking arrangements on privately owned land. You have the right to appeal a ticket when you get a Parking Charge Notice from a private operator that’s a BPA member.

The appeal is made through the Parking on Private Land Appeals Service (POPLA).

When a private operator is not a BPA member but a member of IPC, you can appeal the fine through its appeal service. Known as the Independent Appeals Service (IAS).

POPLA publishes an annual report on the number of appeals made and decisions made. However, the IAS does not.

Parking on private land

Unlike parking on public land, which is regulated by the Road Traffic Act 1984, parking on private land is not. A fine you get on public land is a Penalty Charge Notice for driving offences. They don’t appear on a criminal record unless you receive a conviction.

A parking ticket on private land is an invoice the operator raises when you break the T&Cs of using their car park. Private operators manage car parks for landowners, which include:

  • Train stations
  • Retail parks
  • Healthcare facilities
  • Residential sites
  • Commercial sites
  • Universities
  • Theme parks

A private operator must be accredited to manage car parks for landowners. In short, they must belong to an Accredited Trade Association (ATA). This allows them to access a registered keeper’s details from the DVLA.

However, they must also follow the Code of Practice when they do.

Management of private car parks explained

A landowner has the right to manage their car parks as they see fit. However, they delegate the task to private companies who operate the sites on their behalf. Landowners authorise private operators to issue Parking Charge Notices when motorists don’t follow the rules imposed.

The T&Cs are agreed upon by the landowners and the private operators (parking management companies). Motorists must comply with the terms and conditions when using a car park. However, Parking Charge Notices are handed out for minor violations which can lead to appeals.

Is a Parking fine from the BPA fake?

As mentioned, the BPA does not issue parking fines to motorists. However, you can check the ticket to see which private management company issued it. All the information must be on the fine you got, whether it is placed on your car, or sent through the post

If the information is missing or does not appear legit, you should contact the BPA and let them know.

Note: It’s likely a fake when you’re sent a fine by email! Parking fines are never sent via email.

I got a ticket, but I wasn’t the driver of the vehicle. What should I do?

When you get a parking ticket, it will be from a local authority, the police, the Highways Agency or a private operator. So don’t ignore a Parking Charge Notice but don’t automatically think it’s genuine or correctly issued.

If you weren’t the driver when the parking offence happened, you must inform the operator as soon as possible.

Furthermore, you must provide the drivers’ details, including their names and address.

Failure to provide the information means an operator can pursue the registered keeper to recover the amount owed.

Note: The Protection of Freedoms Act 2012, schedule 4 applies to England and Wales only.

bpa parking fine

The fine has not been issued within 14 days – is it invalid?

First, establish who gave you the Parking Charge Notice to ensure it’s genuine. Next, check when it was issued and whether you received it over 14 days later!

However, the 14-day timeframe is only applicable when the private operator relies on the Protection of Freedoms Act 2012. When there is no mention of the legislation in the Parking Charge Notice, the operator is not obliged to follow the timeline.

Note: This typically applies to Parking Charge Notices issued by Automatic Number Plate Recognition (ANPR)

Don’t automatically pay a parking fine if you think it is fraudulent!

Know your rights when using a private car park

Do You Have to Pay?

In many circumstances parking tickets are not enforceable.

It’s a bit sneaky, but last time I had a parking fine, I paid £5 for a trial to chat to an online solicitor.

Not only did I save £50 on solicitor fees, I also won my case and didn’t have to pay my £271 fine.

You can try it out now, just remember to cancel the trial once you’ve got your answer.

GET STARTED

I strongly recommend getting to know your rights when using a private car park. Always check a parking ticket before you pay it to make sure it is genuine and issued correctly.

  • Private parking is governed by the ‘law of contract’
  • Only a court can rule whether a legal contract applies to a Parking Charge Notice
  • All motorists have the right to challenge a private parking ticket when they believe it’s unfair or prohibitive
  • A registered keeper may not be liable for the parking fine

There’s information on your rights on the government website which is always worth checking out.

Thanks for reading this post on receiving a BPA parking fine. I hope the information I gleaned has cleared up any misunderstanding on the role of the British Parking Association! If you get a ticket from the association make sure it’s not a scam!

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