Got a private parking ticket but don’t know what to do? You are in the right place! More than 130,000 people visit our site monthly for information about parking tickets.
This quick guide will take you through:
- The different types of parking ticket
- What a private parking fine can also be called
- If you have to pay
- How to appeal a private parking fine.
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In some circumstances, you might have a legitimate reason not to pay your fine.
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What parking tickets are there?
When dealing with parking tickets, the first hurdle you have to overcome is working out what type of ticket you have. There are a few different types:
- Penalty Charge Notice (PCN): A PCN is issued by a local authority or council on public land.
- Excess Charge Notice (ECN): Like a PCN, an ECN is issued by a council or local authority for an infraction on public land.
- Parking Charge Notice: Not to be confused with a PCN, a parking charge notice is issued by a landowner or parking company for an infraction on private land. These are private parking tickets
- Fixed Penalty Notice (FPN): An FPN is issued by the police and can be for a number of different things. However, for parking, they are issued for parking on red routes, white zig-zags, or breaking parking rules where the police manage parking.
In our experience, people tend to get Parking Charge Notices and Penalty Charge Notices (PCNs) confused – they do sound similar! – but there are key differences.
What is a Parking Charge Notice?
While they sound similar, a parking charge notice is entirely separate from a penalty charge notice.
Parking charge notices are only ever issued on private land, meaning they aren’t a criminal matter. In effect, you have broken the terms of contract between yourself and the landowner when you are issued a parking charge notice.
A Parking Charge Noitce will only ever be issued by a landowner or someone instructed by the landowner when you have parked on private land. They are, in effect, private parking tickets.
Do I have to pay a Parking Charge Notice?
While your parking charge notice might look like an official PCN, please remember it isn’t. A parking charge notice is a notice that the owner of the land or the private parking company intends to take you to court over a breach of contract. They offer you a chance to pay a fine to avoid legal action.
As such, you generally have three options if you receive a parking charge notice:
- Pay the fine
- Challenge the ticket
- Do nothing.
You should check to see if the parking company that issued the ticket are a member of an accredited trade association (ATA). Only ATA members can get your information from the DVLA.
So, if the company is not an ATA member, they won’t be able to find out anything about you, so you could ignore the ticket.
If you get a ticket in the post from a non-ATA member, you should reply as they have your information. However, they may have got hold of your information illegally so you can make a complaint to the DVLA.
Do this by writing to the Data Sharing Strategy and Compliance Team, DVLA, Swansea, SA99 1DY. You can then write to the Information Commissioner if you feel that your complaint hasn’t been dealt with adequately.
If you decide to challenge, you can follow our guide on challenging all types of parking tickets, including parking charge notices.
Successful Appeal Case Study
Situation
| Initial Fine | £100 |
| Additional Fees | £171 |
| Total Fine | £271 |
The Appeal Process
Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.
| Total Fine | £271 |
| Cost of legal advice | £5 |
JustAnswer helped Scott craft the best appeal possible and he was able to win his case.
Scott’s fine was cancelled and he only paid £5 for the legal help.
In partnership with Just Answer.
How do I appeal a Parking Charge Notice?
A Parking Charge Notice is not the same as a PCN. A Parking Charge Notice is issued for a parking infraction on private land.
Is the parking company an ATA member?
If the parking company is not a member of an accredited trade association (ATA), don’t do anything until they write to you. It is unlikely that a non-ATA member will be able to get hold of you anyway – the DVLA will only share information with ATA members.
You can check for ATA membership with the British Parking Association (BPA) or the International Parking Community (IPC).
If you get a ticket in the post from a non-ATA member, you should reply as they have your information. However, they may have got hold of your information illegally so you can make a complaint to the DVLA.
Do this by writing to the Data Sharing Strategy and Compliance Team, DVLA, Swansea, SA99 1DY. You can then write to the Information Commissioner if you feel that your complaint hasn’t been dealt with adequately.
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Write to the parking company
If you have had your parking charge notice in the post, you should probably reply to the parking company. You can do this via an informal appeal, which we outline below.
Use the notice and check the company’s website to make sure that you are following their policies for objecting to a notice or ticket. Keep in mind that you need to write to them and object before you can take your case to an independent appeals service.
We recommend that you include as much relevant information and evidence as possible, including:
- Photos to show that relevant signage was missing, damaged, or obscured
- Photos to show that any displayed parking information was confusing or difficult to understand
- A valid pay and display ticket
- A repair note if you were unable to move your vehicle because it had broken down
- A witness statement from someone who was with you explaining what happened. This needs to be clearly labelled ‘witness statement’
- Permission from the landowner.
If you received your parking charge notice from parking in a hospital car park, you can send evidence that your appointment was running late. A hospital receptionist will be able to print a note on headed paper that explains there were delays beyond your control.
Formally appeal to an appeals service
If the parking company is a member of an ATA, you can appeal to an independent appeals service. This is free to do and recommended if you think your appeal was rejected unfairly.
Unfortunately, this process is different for every parking company, so you need to research how to proceed. But generally, a BPA member will give you 28 days from when your appeal was rejected to make a formal appeal to Parking on Private Land Appeals (POPLA).
What if my appeal is rejected?
You still have options if your appeal is rejected or if you are unable to appeal, but these can be expensive. You might be better off just paying the ticket.
You could not pay the ticket and see if the parking company will take you to court. If you lose, you’ll have to pay the fine and possibly court costs. If you win, you won’t have to pay the fine, and the parking company will need to pay court costs.
After a landmark case in 2015, parking companies can take you to court over parking charge notices and could win.
Instead of refusing to pay and risking legal action, you could pay and then try to get your money back. If you write to the company and make clear that you’re ‘paying under protest,’ you could then make a small claim against the company in court.
You will have to pay a small fee, and you might have to pay court costs if you lose. If you are considering taking legal action, you should contact a charity like Citizens Advice for specific guidance.
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