Different rules apply to tickets issued by public officials (police officers or council workers) and private companies (multi-storey car parks, supermarkets, hospitals and retail parks etc.) so before you decide which course of action to take, you need to find out who issued your parking ticket it.
It should be clear if your ticket has been issued by the council or police and you will need to take a different approach if you want to contest it.
If the ticket is from a private company, the complaints process is less formal and the company issuing the ticket will have no legal right to demand payment from you.
However, that does not mean that you should not pay up; instead think of the ticket as an invoice for services you have used but not yet paid for.
The common types of tickets are:
Penalty charge notice: Issued by local authorities if you park for too long or in an incorrect spot in a public area.
Parking charge notice: Issued by private companies for breaching parking rules on private land e.g. parking for three hours in a supermarket car park when the maximum is two hours.
Before you decide whether or not to pay the parking ticket you need to consider whether it is justified.
Did you park on the company's land and did you break the advertised parking conditions? For instance, staying longer than you should have.
If you are at fault you need to decide if the amount you are being asked to pay is justified.
Private companies might only be entitled to invoice you for a loss of earnings where you have breached their civil contract. For example, paying £2 for a 1-hour parking ticket but stay for 3 hours, owing an extra £4 for the time you have spent.
In 2015 the Supreme Court ruled that private firms are fair when imposing a higher charge after a motorist was fined £85 for overstaying by 52 minutes, as it deters motorists from breaching parking rules.
However, some private companies will issue tickets demanding over £100. If this is the case you may feel justified in challenging the fine.
If you feel that the ticket is not justified or is unfair you have two options:
Complain to the company issuing the ticket & then appeal
If you opt to ignore your ticket some parking companies may give up, especially if the cost of pursuing you is going to outweigh the money you owe. However, ignoring your ticket could mean you find yourself in court.
Private parking companies can only make you pay by taking court action, usually through the small claims court.
Even then you will have the right to defend yourself and give an explanation why you have refused to pay, meaning there is no guarantee their claim against you will be upheld.
Although the private parking ticket business is unregulated and companies are not currently required to hold a licence to issue a ticket, many car park operators are members of the BPA (British Parking Association).
This means that they will have to have an in house disputes process if you want to reject your parking ticket.
Find out if this is the case and contact the ticket issuer within 28 days of receiving the penalty telling them why you are disputing the ticket and including any evidence you have to support your claim.
This is a very serious matter and in most cases clamping or towing on private land is highly illegal.
Unless any of the following exceptions apply clamping or towing will be illegal:
Your vehicle was committing an offence on a public road
If the clamping or towing is conducted by a certified bailiff
If the clamping or towing is conducted by the Police, local authority or a government agency like the DVLA
Specific local by-laws are in place permitting clamping or towing.
Private companies can be fined up to £5,000 for illegal clamping and towing and the rules are now very clear, so do not be afraid to act.
When requesting to have your parking ticket overturned, your case will be most convincing if it falls into one of the following legal grounds:
The contravention did not occur. This could be argued if there were no parking restriction signs visible, if you were allowed to park at a particular time, or if there was simply an error on the part of the traffic warden in issuing the ticket.
The penalty exceeds the relevant amount. This can be grounds for appeal if the fine is more than it should be e.g. maximum £130 in London and £70 outside of London for tickets issued by local authorities.
The Traffic Regulation Order is invalid. This can be argued if the parking ticket is not valid; for example if it is missing information or has incorrect information.
I was not the owner of the vehicle when the alleged contravention occurred. This can happen if you have sold your car but it is still registered in your name.
The vehicle had been taken without my consent when the alleged contravention occurred. This can be grounds for appeal if your car was reported stolen when the incident happened.
If the company that has issued your parking ticket has rejected your appeal, you may be able to take your case to POPLA or the IAS.
POPLA (Parking on Private Land Appeals) are an independent assessor which considers appeals for parking charges made by BPA members.
IAS (Independent Appeals Service) are the independent assessor which consider appeals for parking charges made by IPC members.
As long as your ticket was issued after 1st October, 2012 by a BPA or IPC member you can appeal to POPLA or IAS against your charge.
You can only appeal to POPLA or the IAS once you have complained about your ticket to the company issuing it.
If your appeal is rejected you will be given 28 days to pay your parking ticket, if you fail to pay in this time the company that has issued the ticket may decide to take you to court to pursue payment.
Non-accredited trade members are unlikely to have the same dispute processes in place as registered BPA or IPC parking companies.
If you want to appeal your charge, your only option is to appeal to the company themselves or report them to the landowner directly i.e. the supermarket or hospital and plead your case.
Often if you do the latter, rather than risk losing a lucrative contract the company issuing the ticket will back down, or at least reduce the amount they want you to pay.
However, before your write your letter of appeal you need to weigh up whether contacting them is really in your interests.
Parking companies that are not BPA or IPC members are not allowed to access the DVLA directory to find out who owns a vehicle. This means they cannot issue a ticket through the post based on CCTV recordings or pursue you If they do not know your details.
To take you to court a parking company will need your address details, so if you decide to appeal to them or the landowner you will be providing them with the information they need to take you to court, should they wish to.
For further advice dealing with unfair parking tickets from non BPA or IPC members contact the Citizens Advice Bureau.
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