Parking on Private Land: Charges, Rules and Appeals

Have you received a private parking fine and are now wondering what to do next?

Check the parking terms, signs and notice before deciding what to do. A private parking demand is different from a council PCN.

In this easy-to-understand article, we’ll cover:

•  The rules about parking on private land.
•  How to spot and understand parking signs.
•  What a Parking Charge Notice is.
•  How to appeal against a private parking fine.

We know that getting a private parking fine can be very annoying, but you’re not alone. Research shows that over 19,000 parking fines are issued each day in the UK¹.

Don’t worry; we have plenty of useful tips and real examples to help you make the best choice. So, whether you’re thinking about paying the fine or appealing it, we’ve got you covered. 

Is it illegal to park on private land?

Parking on private land normally requires permission or compliance with the conditions on which parking is offered. Unauthorised parking is generally a civil matter, although other laws can apply.

Parking regulations on private property are referred to as unauthorised parking rather than illegal parking.

Sites that may offer parking, subject to their terms and any required permission, include:

• A supermarket
• Hospital
• Business
• Regular private car park

You usually have to pay for parking when you leave your car on private land.

The RAC found that the number of parking tickets being issued is up by nearly 30%! The report also found that misleading and deliberately confusing signage in private car parks is part of the problem.²

So a lot of people get fined for making a genuine mistake!

Are parking fines on private land enforceable?

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 does not have bailiff powers merely because it issued a notice. It can bring a civil claim and, if successful and unpaid, seek the appropriate enforcement authority.

Court action can establish and enforce liability; it does not mean no contractual debt existed beforehand.

The relevant rules include contract and consumer law and, where applicable, statutory keeper-liability provisions. The position differs by jurisdiction and land type.

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.

Importance of signage on private land

Landowners and car park operators must erect proper parking signs and follow signage regulations for UK private parking.

According to the British Parking Association (BPA), signs must be clear and easily visible to motorists who use their car parks.

You could have grounds to challenge a parking ticket if the signs are unclear or missing.

Can you ignore a parking ticket from a private company?

Do not rely on ignoring a charge as a way to avoid a valid debt. Use the appeal route if you dispute it and respond promptly to any court papers.

An unresolved dispute can lead to a civil claim. The outcome depends on the evidence and legal basis, not simply on whether you ignored the original notice.

Ignoring the parking ticket could also increase how much you have to pay. 

In short, the consequences of not paying private parking tickets could be expensive.

What happens if you don’t pay a parking ticket?

An operator may continue seeking payment, use a collector or bring a civil claim. Which step it takes cannot be guaranteed.

They could ask a small claims court to give you a court order to pay.

And if you don’t pay, they could ask to use private parking enforcement action, including the use of bailiffs (enforcement officers).

A council Penalty Charge Notice follows a different statutory process from a private charge. Both can have serious consequences if left unresolved.

A council charge certificate can increase a PCN by 50% only when the statutory conditions are met. A timely challenge or appeal affects the process. Debt registration, an Order for Recovery and a warrant are later stages, not an automatic result on day 29.

Can you appeal private land parking charges?

You are allowed to appeal against private parking charges if you believe the ticket is unjustified.

To help you better understand the appeal process, here’s a quick table for reference.

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.

How do you appeal against private parking tickets?

You challenge a private land parking charge by making an appeal detailing why you believe the parking ticket should be cancelled.

You should provide evidence to support your appeal, which may be:

·        Photos

·        Statements from witnesses 

The specific appeals process should be made clear by the company that issued your private parking ticket.

If your appeal is rejected, you also have the opportunity to take your appeal to an independent appeals service.

The appeals service to use is based on which trade body the car park company is a member of. 

Note: Make sure you follow the right steps to challenge a private parking fine as detailed on the parking ticket you receive.

Misconceptions and myths about private parking tickets

There are many myths and misconceptions about private parking tickets.

We’ve listed some of the common misunderstandings about private parking charges here:

• “Nothing is owed until a judge orders payment” is a myth. A valid contractual debt can exist before court; a court can determine a disputed claim.
• You can ignore a Parking Charge Notice: Not true. It is a risky decision which could earn you a County Court Judgement
• Private parking tickets are not enforceable. Not true. As previously mentioned, the issuer could start court proceedings to recover what you owe

Check out what happened to one person who got a CCJ for not paying a Parking Charge Notice.

Source: Moneysavingexpert

Private land parking tickets time limit

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.

Some private car park operators will place the Parking Charge Notice on your vehicle.

But other car parks don’t use parking wardens and instead rely on specialist cameras to spot motorists who don’t pay.

They get your address from the DVLA and send the parking fine in the post using your vehicle registration if you are the registered keeper.

A slow DVLA response does not create a general extension to the strict Schedule 4 delivery conditions. Failure to establish keeper liability does not necessarily remove a claim against an identified driver.

References

1. Sky News — Parking Tickets Statistics
2. RAC – Parking Tickets Statistics