Ignoring a Private Parking Charge: Risks and Options

A private parking demand should be checked promptly, especially if it is disputed. Use the stated appeal route and never ignore genuine court papers.

In this article, we’ll help you understand:

•  What a Parking Charge Notice is.
•  If you must pay this notice.
•  The difference between a Parking Charge Notice and a Penalty Charge Notice.
•  How to appeal against a Parking Charge Notice.
•  What happens if you ignore your private parking fine.

We know it can be very annoying to get a private parking fine. But you’re not alone! Over 19,000 parking fines are issued each day in the UK¹.

Don’t worry; we’ve got plenty of handy advice and real-life examples that will guide you through.

Should You ignore a PCN?

You should not ignore a Parking Charge Notice even if you don’t agree with it.

You will need to engage with the parking company quickly if you want to appeal against the parking ticket. You have the right to dispute parking tickets on private land.

An operator may escalate an unresolved demand to a letter before claim and a civil claim. Trade-association codes commonly set a £100 charge ceiling with conditions or exceptions; this is not a universal statutory limit for every private demand.

But if you ignore things and the car park management takes you to court, you’d incur court costs if they win the case.

Plus, you’d have lost the right to pay the discounted fine.

What happens when you ignore them?

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. An operator can seek judgment through a court claim; added charges are not automatically recoverable.

Or, ignoring the fine could result in no further action but this is risky.

If you ignore a CCJ against you, the parking company may be permitted to use enforcement measures which are part of the debt recovery process, such as:

• Bailiffs
• Property charging orders
• Apply to take the debt from your wages

In England and Wales, a judgment paid in full within one month can normally be removed from the register. Payment later can mark it satisfied, but it usually remains for six years from judgment.

The legal repercussions of ignoring a parking ticket on private land should never be overlooked.

Private parking fines debt collectors

Private parking tickets can be chased by the private company that owns the private land where you parked incorrectly.

An operator may instruct a debt collection agency to seek payment on its behalf. Debt assignment is a different arrangement and should not be assumed merely because a collector writes.

Check who the collector says it represents, the original charge and the claimed amount. Verify an unfamiliar demand independently and request supporting information where needed.

But you should also be wary of fake parking ticket scams!

Can you get a CCJ from a Parking Charge Notice?

You can be issued with a County Court Judgment (CCJ) for private parking fines that go unpaid.

It’s part of the legal enforcement action when you ignore or refuse to pay a parking ticket.

A business bringing a claim against an individual must follow the applicable pre-action requirements. You can explain financial difficulty and propose an affordable arrangement, but do not assume one will be offered or accepted.

First check whether you owe the charge. If you accept liability but cannot afford payment, seek free debt advice and discuss an affordable arrangement; a settlement request does not suspend court deadlines.

A judgment sets a payment obligation, but a valid underlying debt may already have existed. Follow the judgment or seek an appropriate court variation if its payment terms are unaffordable.

If you do not acknowledge the CCJ and continue to avoid paying, the parking ticket company can ask the courts to allow debt enforcement, which may involve the use of bailiffs (enforcement agents)

Keep your V5C keeper address updated separately from your driving licence and notify the operator or court directly if relevant proceedings are underway.

If your private parking tickets are sent to the wrong address, you may be taken to court without actually knowing.

If judgment was entered without your knowledge, seek prompt advice about whether a set-aside application is available. The court applies specific rules; this is not simply an “excuse”, and cancellation is not guaranteed.

Plus, you have the right under the Data Protection Act, to know what information a company is collecting about you and how long they will keep it on file. 

Bailiffs for private parking fines

Court enforcement needs a judgment and the appropriate warrant or other authority. An ordinary collector does not obtain bailiff powers merely by sending a demand.

The bailiffs will send a Notice of Enforcement letter to request a payment or to get in touch and discuss a payment plan. 

If you do not engage with them, these bailiffs for private parking fines will visit your home to try and recover payment.

If you cannot or won’t pay, they have the power to seize possession of your goods and sell them to clear the debt.

With a court order in place, asset repossession is possible when bailiffs get in touch.

For an ordinary parking judgment, an agent cannot normally force entry into a home on a first visit. Limited exceptions can apply, including lawful re-entry concerning goods already controlled. Do not assume every type of enforcement has identical entry powers.

At each stage of the bailiff’s work, more fees are charged and your debt grows bigger, so it is worthwhile to engage with the bailiffs at the earliest opportunity.

Tell the creditor and enforcement agent promptly about vulnerability or disability and obtain advice about safeguards and suitable arrangements. Vulnerability does not automatically cancel the debt or prohibit every visit.

Can you appeal against a PCN?

You have a right to challenge a Parking Charge Notice if you believe you have received an unfair parking ticket which is your third option.

Submit the operator appeal within its stated deadline, with truthful grounds, relevant evidence and proof of submission.

Appeal Process Steps

If you want to appeal against a Parking Charge Notice, it’s important to understand the process.

Here’s a table that explains the steps you should take. If you want to learn more, don’t forget to read our complete guide.

When	Action
On receiving a council PCN	Read the notice, keep it, gather evidence and note all payment and challenge deadlines.
Windscreen or handed-to-driver PCN	An informal challenge may be available before the Notice to Owner. Early challenge can preserve a discount under the authority’s policy; 14 days is not a universal final appeal deadline.
Postal PCN or Notice to Owner	Normally make formal representations within 28 days as stated on the notice. Do not assume there is an extra informal stage.
Representations rejected	The Notice of Rejection explains how to appeal to the appropriate independent tribunal, normally within 28 days.
Appeal unsuccessful	Pay by the deadline given in the decision or obtain advice on any available review. Further statutory charges can follow if you do neither.
Other ticket type	Private parking charges and FPNs use different procedures; follow the actual notice.

Further guidance: Traffic Penalty Tribunal; Citizens Advice.

A successful appeal could result in a cancelled parking charge and you won’t have to pay the car park fine anymore.

» TAKE ACTION NOW: Get legal support from JustAnswer

What grounds can support a parking appeal?

Use the real facts and evidence. For example, a payment record or proof that the operator identified the wrong vehicle may support a challenge.

Of course, this has to be the case. 

Other issues to investigate may include:

1. A registration-keying error. Applicable trade-association rules may provide a remedy, but this is not a universal statutory right to cancellation for every mistake.
2. Your car broke down and you were waiting for help
3. You were not able to get back to your vehicle in time because of an emergency
4. They sent you the private parking ticket too late (more on this later!)
5. The method of payment in the car park was out of order
6. The signage and road markings were unclear or missing

These are not the only excuses that could get you out of having to pay a private parking fine. And they are not always guaranteed to be accepted either. 

Support your appeal with relevant evidence. If a civil claim reaches court, the claimant must establish its claim on the balance of probabilities; do not assume all legal burdens rest on the motorist.

Your Parking ticket appeal was rejected – what now?

After rejection, an eligible case may go to the independent service identified by the operator. Its decision has the effect stated in that service’s rules; it is not automatically the final court determination of liability.

Parking operators use a specific independent appeals service to assess your case, so you should ask the parking operator for the next steps. 

The availability of POPLA or IAS normally follows the operator’s trade-association membership. Non-membership does not itself invalidate a charge or make it safe to ignore.

If the parking operator is a member of the British Parking Association (BPA), the motorist will use the Parking on Private Land Appeals (POPLA) service to review the appeal, which is free for the motorist and recently made available in Scotland. 

And if the company is a member of the International Parking Community (IPC), the motorist will use the Independent Appeals Service (IAS). 

References

1. Sky News — Parking Tickets Statistics
2. Citizens Advice – Parking tickets on private land