Private Parking Charges in Scotland: Payment and Appeals

This guide covers private parking charges in Scotland. A valid charge can be owed by the driver, but receiving a notice as registered keeper does not by itself establish liability.

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In this article, we’ll explain:

•  How private parking fines work in Scotland.
•  If you are required to pay these fines.
•  The steps to take if you want to challenge a fine.
•  Who operates private car parks.
•  Useful tips to avoid getting a private parking fine.

We know that getting a parking fine can be a big worry. But remember, you’re not alone. We’ve got plenty of helpful advice and real-life examples to guide you through.

Can you be fined for parking in private car parks?

You might be issued a private parking ticket from a car park operator if you park in a private car park without paying or without paying the right amount, i.e. overstaying or some other private parking violations.

You can also be issued a private parking fine from these companies if you don’t park correctly within the private car park, such as not using a bay.

There have been incidents where motorists have received a ticket because their wheel was just outside of the bay, which can seem harsh. 

What is a private car park operator?

Car park management companies work on behalf of other businesses to manage private car parks such as retail parks

The car park company isn’t typically the owner of the land or the car park. 

Private car park operators often install cameras and signage for free to ensure the legal and safe operation of the car park.

This is provided in return for any money raised from issuing Parking Charge Notices (PCNs).

What is a Parking Charge Notice (PCN)?

A Parking Charge Notice is a civil demand from a private parking operator for an alleged breach of parking terms. It is different from a statutory Penalty Charge Notice.

The similar abbreviations can be confusing. Check the issuer and the procedure described on the notice before choosing how to respond.

Do not apply council parking appeal rules to a private contractual charge.

A Parking Charge Notice is issued by the car park operator when they spot a parking contravention in one of the car parks they manage.

This mostly happens through specialist CCTV, but on-site wardens might also spot a parking contravention themselves.

More on Private Parking Fines in Scotland

There are many private parking companies in Scotland.

There are companies operating scores of car parks, and smaller companies that operate just a handful of sites. 

I have been writing about specific Scottish car park operators you might have to deal with.

Read these individual guides for more personalised support dealing with a Parking Charge Notice. 

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How much is a parking ticket in Scotland?

The BPA/IPC industry code generally limits parking charges to £100 and requires at least a 40% early-payment discount during the applicable 14-day period. This is an industry requirement, not a universal statutory cap. Check the applicable code and the amount and deadline on your notice.

These code requirements apply to participating operators. They should not be described as a statutory limit that automatically settles every dispute about a charge.

Check the amount and discount period on the notice. Paying normally closes the standard appeal process, so consider any challenge before making payment.

Discount for early payment of parking fines is an incentive to get you to pay.

The government’s 2022 private parking code was withdrawn. Its proposed £50 cap is not a rule to rely on when deciding whether a charge is valid. See the government’s code status.

Use the applicable industry code and current legal requirements for the event, rather than relying on an old announcement of future reforms.

Case study: Fined for overstaying the free time limit

I’ve included a message posted by a motorist who received a parking charge notice for overstaying the free time limit in a private car park.

Source: Moneysavingexpert

How do private operators know who I am?

Private parking operators use Automatic Number Plate Recognition (ANPR) or parking attendants to monitor their car parks.

If you violate the terms of using a car park, an attendant could take a photo of the car registration or it could be recorded using ANPR.

A Parking Charge Notice can be placed on your windscreen, or they could send it to you in the post.

Accredited scheme membership normally matters when a private parking business requests DVLA keeper details. It is not the only possible lawful source of contact information.

The BPA and IPC run accredited operator schemes. Qualifying members can request registered keeper information from the DVLA where the access requirements are met. The DVLA does not operate the trade associations’ schemes.

Note: Operators must be a British Parking Association or International Parking Community member to be part of the AOS.

Non-members don’t have access to DVLA’s involvement in providing contact information,

Are private parking tickets enforceable in Scotland?

A valid private parking charge may be owed by the driver before a court case. An operator can bring a civil claim in Scotland, and a court decree can support enforcement through the appropriate Scottish procedure.

The necessity of court orders to enforce fines on private land in Scotland is required.

Do I legally have to pay private parking fines?

Do not assume a charge only becomes legally due when a court orders payment. Equally, a notice sent to the registered keeper does not automatically mean that person is liable. Check the contract, evidence and identity of the person pursued.

But you might want to pay before an escalation if you accept the parking fine and wish to avoid the stress of litigation.

The Protection of Freedoms Act 2012 keeper-liability scheme applies in England and Wales, not Scotland. The Scottish Government has confirmed that the keeper-liability provisions in Part 8 of the Transport (Scotland) Act 2019 have not commenced. See its published confirmation.

Private parking notices fall under contract law

When you park on private land, you enter into a contract with the landowner or operator.

Contract terms must be properly brought to the motorist’s attention and satisfy applicable consumer law. Simply saying that you did not read adequate signs does not automatically defeat a charge.

Signs must be erected indicating the T&Cs for parking on private land.

In short, an operator must offer them so you can accept their terms as you drive into a car park on private land.

Private parking companies and landowners must display the parking signs at a height motorists can clearly see to read the parking rules.

Plus the typeface must be readable.

The terms must include what happens when you don’t follow the rules and the cost of parking.

Note: It’s up to you as the motorist to look for these signs.

If a car park operator hasn’t provided you with the terms and conditions before parking, the parking ticket is unlikely to be enforced by the court. 

Understanding the Code of Practice for Private Parking in Scotland

Ordinary private contractual parking charges differ from statutory road and council enforcement. Do not assume that private ownership excludes all road-traffic or other legislation from a site.

As such, it’s up to private companies to lawfully manage their sites.

Many private car park management companies are members of:

• The British Parking Association (BPA), or
• The International Parking Community (IPC)

The BPA and IPC publish a single industry code with rules for their members, including signs, grace periods and appeals. Check the version applicable to the event and any transitional provisions.

This includes erecting clear signage at entrances and ensuring road markings are clearly visible.

The signage must display the Terms and Conditions for using a car park and the cost of penalties for failing to follow the rules.

Can I ignore a parking ticket from a private company in Scotland?

Ignoring a parking ticket from a parking company in Scotland is risky.

You risk legal action for non-payment because the matter could escalate to court and you could be made to pay – and possibly have to pay more. 

There is a chance that you won’t be taken to court and you won’t ever be forced to pay.

However, lots of car parking operators do take people to court, even for smaller fines. 

Challenging Terms and Conditions

A private Parking Charge Notice and a statutory Penalty Charge Notice can have similar abbreviations, but they use different legal procedures.

To clarify, a Parking Charge Notice is an invoice that falls under Contractual Law.

In short, under the Consumer Rights Act, you can challenge the Terms and Conditions provided by a private operator.

If the T&Cs are unfair or they aren’t ‘transparent’ and easily visible, you can challenge part of the contract.

This includes:

• Anything that attempts to restrict your legal rights
• Overcharging and its impact on contract validity
• Unfair Terms and Conditions in private parking contracts

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

Different scenarios could play out when you don’t pay a parking ticket in Scotland.

Unlike council parking fines, the process isn’t as certain with private parking tickets.

Outcomes of non-payment for private parking fines in Scotland could include an operator doing the following;

1. Keep chasing you themselves while threatening legal action
2. Ask a debt collection agency to chase you for payment and make legal threats
3. Go ahead with legal action and take you to court to ask for a court order to make you pay
4. Give up and stop chasing you, and they may later resume any of the above

Can sheriff officers enforce a private parking debt in Scotland?

Scotland uses sheriff officers and Scottish debt-enforcement procedures, not the bailiff process used in England and Wales. For an ordinary private parking debt, the operator normally needs a court decree before using enforcement measures.

Sheriff officers have distinct Scottish powers and duties. Check official guidance rather than applying England and Wales’ bailiff rules.

A decree can allow the creditor to pursue appropriate enforcement, subject to the rules and notices for that method. Receiving a letter from a debt collector is not the same as court-authorised enforcement.

A sheriff officer’s power to enter depends on the court authority held. Taking possessions inside a home normally requires an exceptional attachment order, with safeguards and advance notice. In some authorised circumstances reasonable force can be used. Ask to see the authority and get advice promptly. See mygov.scot’s explanation of sheriff officer powers.

Enforcement can add costs to the debt. Contact a free Scottish debt adviser if you cannot pay or receive enforcement documents.

The fees are added to your debt. 

Sheriff Officers mightn’t be the only way the company tries to enforce the debt.

Other Scottish enforcement methods can include earnings or bank arrestment and inhibition affecting dealings with property, subject to the relevant legal requirements. A creditor cannot simply choose these measures before obtaining the necessary authority.

Common Issues and Disputes with Private Parking Fines

Various reasons could lead to a dispute over a private parking ticket.

I’ve listed some of them here:

• The operator is pursuing you as registered keeper without showing a legal basis for your liability; England and Wales’ 14-day keeper-notice rule does not apply in Scotland
• You parked your vehicle correctly
• The parking signs or road markings were not clearly visible, missing or unclear
• There was no way for you to pay
• You were overcharged
• You were not the driver at the time of parking and dispute the legal basis on which the operator seeks payment from you.
• You couldn’t return to your car for a valid reason
• Your vehicle had broken down
• An applicable code grace or consideration period was not allowed, where its conditions were met.

Can I appeal a parking ticket in Scotland?

Yes, you have a right to appeal a parking fine in Scotland.

Private operators normally provide an appeal period of at least 28 days under the applicable industry code. Follow the deadline stated on your notice and ask the operator to consider exceptional circumstances if an appeal is late.

The appeals procedure will be explained on your PCN.

It usually involves submitting a written appeal and evidence online or sending your appeal to the company’s address.

Always keep copies of your appeal and evidence of posting.

The BPA/IPC industry code requires an operator to decide an appeal within 28 days or acknowledge it and explain the timeframe for a decision. There is no universal rule that a private parking charge is cancelled automatically after 56 days. Keep proof of submission and use the operator’s and trade association’s complaint routes if the applicable code is not followed.

What happens if I appeal a parking ticket in Scotland and lose?

An eligible rejection may provide a further appeal to POPLA or IAS, depending on the operator’s scheme and the actual notice.

These private appeal services have their own eligibility and decision rules. They are different from a Scottish court determining a civil claim.

For Scottish charges, POPLA accepts the driver or an authorised representative of an identified driver, not a keeper-only appeal. Standard POPLA and IAS appeals normally have a 28-day deadline after operator rejection; follow the actual route and rules.

Private parking firms must explain how to escalate an appeal when they send you an appeal rejection notice. 

Private parking fines ignore Scotland or pay?

It’s never a good idea to ignore private parking tickets.

Check whether the charge is valid and whether you are the person liable. Use the appeal route if you dispute it, and respond to any sheriff court documents by their deadline. A valid debt can lead to a decree and additional costs.

If a decree is granted, follow its payment terms or seek advice about the appropriate remedy. Recoverable expenses depend on the court rules and decision; not every demanded addition is automatically due.

Plus, you’d have missed out on paying a discounted amount if you’d paid the Parking Charge Notice early.

Private Parking Fines in Scotland FAQs