Are Private Parking Charges Enforceable?

Have you received a private parking fine and are unsure if it should be paid or appealed? We’re here to help. 

This guide distinguishes private contractual demands from council PCNs and explains how an unresolved private charge may reach court.

In this easy-to-understand piece, we’ll explore:

•  The rules around private car park fines.
•  If you have to pay these fines.
•  How to appeal a private car park fine.
•  The role of the British Parking Association.
•  The possible effects on your credit score in the UK.

It’s normal to feel frustrated about a private parking fine. But don’t worry; we’re here to help you understand your options and feel confident about your next steps.

Let’s dive into the world of private parking fines together.

Private car parking fines enforcement

A private parking ticket is called a Parking Charge Notice.

They are issued by private car parks across the UK when the motorist fails to pay to use the car park or has not paid for the correct parking fee.

For example, they overstayed an allotted time.

You can get a Parking Charge Notice for unauthorised parking in:

• Privately owned car parks
• Car parks connected to hospitals
• Supermarket car parks
• Business premises

A ticket may be left on your vehicle or sent in the post when you’re caught on camera instead of in person.

DVLA access rules for private parking businesses normally involve accredited trade-association membership. Non-membership does not automatically invalidate a debt or make it safe to ignore a demand or court claim.

» TAKE ACTION NOW: Get legal support from JustAnswer

Are private parking tickets 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.

A private charge is usually a contractual demand, not a statutory fine. Calling it an invoice does not make a valid payment obligation optional.

If you don’t pay a private parking ticket, you could end up in a small claims court for parking fines.

Can private parking tickets be enforced?

An operator may bring a civil claim to recover a charge it says is owed. Court proceedings determine a disputed claim; they do not create every underlying contractual obligation for the first time.

The operator must establish its claim under the applicable law and evidence. If judgment is made and not paid as ordered, it can seek an appropriate enforcement method.

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 problem².

Can you just ignore a private parking ticket?

Do not rely on ignoring a charge because it is private. Check its validity, appeal in time where appropriate and respond to court papers by the deadline.

This further action could result in you having to pay, and you may incur further charges due to the delay.

In short, ignoring UK supermarket parking fines is risky.

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

The impact of non-payment of parking fines should not be overlooked. If you don’t pay a private car park fine, the company may do nothing and send you reminders to pay.

Or they could take the matter to a small claims court.

The operator may instruct a debt collector or bring a claim. A collector often acts as agent rather than buying the debt, and has no bailiff powers simply because it seeks payment.

The debt collection agency has no more rights or powers than the car park company. 

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.

The charge certificate increases your fine by 50% and provides a further two weeks to make the payment in full. 

Debt registration and an Order for Recovery can follow an unpaid charge certificate under the council-PCN process. Use any permitted witness-statement or statutory-declaration route only on truthful specified grounds.

An enforcement warrant may follow if the Order for Recovery is not dealt with. Traffic Enforcement Centre registration is not an ordinary CCJ recorded on your credit file.

Can you appeal a private car park fine?

You are allowed to appeal a private car park fine.

This can be a good middle ground if you don’t want to pay or ignore the car park ticket and believe the car park “fine” is unfair. 

Here’s a quick table explaining the standard steps of a parking ticket appeal process.

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 a private car park fine?

Each private car park operator will have its own appeals process.

But in general, you’ll be required to explain why you think the car park ticket is unfair and provide evidence.

For example, you might say that:

• The ticketing machine was broken, or
• The ticket was issued before the grace period had expired

We suggest you send a picture you took of the machine not working.

You can ask the landowner or retailer to intervene as well as using the operator’s appeal route. A customer-service complaint does not replace that appeal or automatically extend its deadline.

After rejection, an eligible appeal can go to POPLA or IAS as identified in the notice. The service rules govern its decision’s binding effect; this is not automatically the final legal determination by a court.

The independent appeals service used depends on the trade association the car park operator is a member of.

Keep the independent decision and correspondence. If court proceedings later arrive, respond on time even if you previously used an appeal service.

Is there ANPR in car parks?

Yes. There is ANPR in many private car parks.

It’s a technology often seen in private car parks that operators manage on behalf of the owners.

ANPR Technology in car parks registers your number plate as you enter a car park and then again when you leave.

Each entry and exit is time-stamped.

Does not paying private parking tickets affect credit UK?

A private parking ticket will not impact your credit score.

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.

A registered CCJ can affect access to credit for six years from judgment if it remains on the register. It does not guarantee that every lender will refuse every application. Products that may be affected include:

• A bank loan
• Credit card
• Mortgage

References

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