Shell £20 of petrol for £10
Burger King 2for1 & more
Domino's 2for1 for £1
If you get an unfair ticket in a private car park, don't automatically pay it. These supposed 'fines' are a Wild West measure. Whether the cowboys do it at supermarkets, retail parks, hospitals or housing estates, they're often unenforceable.
This step-by-step guide shows how to fight unfair private parking tickets, including using the new private parking appeals system. If your ticket isn't from a private firm, see the Council Parking Ticket Appeals guide.
This is the first incarnation of the new version of this guide since the changes to the private parking system. Please feed back on how you've got on using the system below.
In this guide
While every effort's been made to ensure this article's accuracy, it doesn't constitute legal advice tailored to your individual circumstances. If you act on it, you acknowledge that you do so at your own risk. We can't assume responsibility and don't accept liability for any damage or loss which may arise as a result of your reliance upon it.
Quick dos and don'ts before you begin
DO remember this is about fighting UNFAIR tickets
Of course, landowners have a right to charge for and police proper parking. If you've broken those rules, and you think the ticket isn't exorbitant, pay up.
If you DO think it's exorbitant, one route is to simply pay what you think is right, eg, the equivalent to what you'd be charged on a public road.
Private parking company rules can be in place for safety, and hopefully should benefit everyone parking there. Yet mistakes happen, whether it's an unclear sign, technology faults, overzealous attendants or just an honest error. The aim of this guide is to prevent you being out of pocket when most reasonable people would think the ticket is unfair.
If you've blocked the car park's exit or left your car there for a month without paying, sorry - there's no sympathy here and this guide isn't intended to help. Even if it did, you'd have little chance of success.
Yet many unscrupulous firms try to catch people out for profit. So if you've had a ticket you believe is unjust, as is ridiculously common, don't worry, you can fight it.
DON'T get caught out by illegal clamping
On 1 October 2012, clamping and towing on private land was banned in England and Wales under the Protection of Freedoms Act 2012 (has been banned in Scotland since 1992).
So if you're clamped on private land, unless the car park still has legal authority to do so (which should be clearly stated in the car park), the company's committing a criminal offence and you should contact the police.
The few exceptions where a car park has legal authority to clamp are where local byelaws are in place, including some railway station and airport car parks, and a few others.
See Clamping Help for full info.
DO print the Glove Box Parking Guide
Our printable A4 guide is packed full of tips on what to do if you're ticketed, and how to avoid tickets by parking right in the first place. Print and keep in your glove box in case the dreaded moment when a ticket's slapped on your windscreen comes, or worse, your car's clamped.
DON'T assume the driver's liable for the ticket
Before October 2012, when on private land it was the driver who was liable for any parking charges from private parking firms, rather than the owner.
Since then, parking operators in England and Wales are now allowed to hold the vehicle's keeper liable for unpaid parking charges if they don't know who the driver is and the keeper refuses, or is unable, to name the driver.
For tickets in Scotland and Northern Ireland, the driver remains liable. If you get a ticket in these countries but weren't the driver simply state that, as the owner, you're not liable for any costs, aren't prepared to state who was driving and are under no obligation to do so. It's best to do this in writing so you have a record. We've a template letter to help if needed.
If you're ticketed while driving a hire car in any country, you'll still be responsible for any parking fines if you’ve accepted them under the hire agreement.
It's worth noting, only members of the British Parking Association can get the owner's details from the DVLA. In theory, firms which aren't BPA-registered can follow you home to get your address. But in practice, as non-BPA registered firms will find it harder to get hold of your details, they may not be able to chase you for a ticket at all.
If you think a non-BPA registered firm has got hold of your details unlawfully, tell the DVLA.
DO gather evidence if you plan to appeal
If you're reading this after getting a ticket, you may not be able to gather all of the evidence listed below.
But it's still useful to gather as much as you can - even if it's just the paperwork, or returning to the car park to photograph its signage - in case you decide to dispute the ticket or appeal.
Although you may not need to rely on it, it's important not to waste any time. Your evidence should be contemporaneous to truly reflect the situation when you got your ticket, so gather as much as possible. Without it, arguing your case may be more difficult.
Take photographs
If you can, photograph the scene, as it'll help explain your argument. Things to photograph include:
- Signs. Any unclear signs, such as suspended bay signs.
- Ground markings. Any unclear bay markings or lines.
- Lack of signs/markings. Areas without signs or markings you believe should be there.
- Your car. If you're disputing where you were alleged to have parked, take a picture of your car and capture the immediate area around it.
- The meter. If you were parked in a paid-for bay, keep your ticket or take a photo of the meter if it still registers the time your paid-for parking expired.
Gather the paperwork
Any documentary evidence you can gather is also useful. Sometimes this can be tricky to get, but everything that proves your part of the story is helpful. This includes:
- Keep copies of all correspondence. Things can sometimes drag on, so keep the ticket itself and any correspondence safe.
- Proof of mitigating circumstances. Keep anything that may be relevant to you parking in that space.
- Witness statements. If anyone will corroborate your story, get their details and ask them to sign a statement. For example, if it was impossible to see the signs or you were loading or unloading goods from your car and you stayed within the rules.
Check who your ticket's from
Parking tickets can be either from official public bodies, such as local councils and the police, or from private companies. This guide's ONLY about fighting UNFAIR tickets issued on private land (eg, a supermarket car park), so first you need to look on the ticket to identify who it's from:
If it's from the police or a local council it will say so, and there's a completely different process and set of rules for this. This guide's only about fighting unfair tickets when parking on private land, so see Fight Unfair Council Parking Tickets.
If you were on private land (eg, a retail park, hospital, supermarket or housing estate), and it doesn't name the police force or council that's issued it, it's likely to be a private ticket - so this guide's for you.
Warning! Beware disguised tickets
Some private tickets do better impressions than Jon Culshaw. To add legitimacy, their phrasing and design is often carefully contrived to give the sense it is a police or council ticket. They often use checkered lines or call them PCNs, mimicking the Penalty Charge Notice titles of official council tickets. Don't get caught out - they're invoices, not fines.
Beat unfair private parking tickets
Don't ever think of private parking tickets as "fines". They're not. These companies have no official right to fine you, though they may try to make you think they do.
All they're doing is sending you a notice for what they deem as a breach of contract. What's the law on this?
When you park in a privately owned car park - eg, a supermarket or hospital car park - you're effectively entering into an unspoken contract between you and the landowner.
On the landowner's part, they're effectively allowing you to park on their land.
But on your part, by parking there you're agreeing to meet the conditions they've stated (paying £1 for an hour, or staying for under two hours).
If you pay to park and leave without issue, great - contract fulfilled. But if you park in a reserved place, overstay, don't pay, or leave your car outside the allocated parking area, the landowner can argue you've broken this contract, and issue you a parking ticket.
Under contract law in every part of the UK, private firms are allowed to do this. However, this doesn't mean they can issue tickets willy-nilly. To press its case, it'd need to take you to court. Don't worry, it's not a criminal problem, just a contract dispute. If you've received a ticket unfairly, read on for full info on how to fight it.
It isn't the ability of private companies to issue tickets in itself that's a problem. It's the unstructured system which puts unnecessary power in potentially unscrupulous hands.
Even where companies are legitimate, they often employ third-party management firms to run car parks, with apparently little scrutiny of their methods. Plus, as private tickets are largely unregulated, in theory, companies can legally charge what they want.
Many take on unfair tickets - and win
Anecdotal reports suggest most people taking on unfair private company parking tickets win. So while firms feel they can charge willy-nilly, we can refute it on the same basis.
Plus, if the ticket's from a BPA-approved operator (see below for how to check), you've a 55% chance of winning if your case goes all the way to the new independent appeals service.
Don't just shell out for an unfair ticket slapped on your car or in the post. Trying to reclaim cash already paid isn't easy, so it's far easier to dispute it. You could also ignore it and wait to see if you get court papers in the post demanding payment - often they don't follow through.
Beating the cowboys isn't an exact science. This strategy is based on the opinion of a number of legal experts - who don't always agree - plus large amounts of feedback. Please tell us if you've a different method or experience to help develop this guide.
How to fight private parking tickets
What to do depends on who the ticket's from, the situation, and your attitude to confrontation. For both of the options below, we've included a suggested approach, and a militant approach - for those who want to stick two fingers up at the parking firms.
First, check the BPA's approved operators to see if the firm that issued the unfair ticket is a member. If so, you've the extra option of going through the BPA's appeals process, but if not, there are still plenty of tactics to try. Click the right option for your circumstances:
BPA-approved operators - how to appeal
If the unfair ticket is from one of the 160 parking firms (out of potentially 1,000s) that are members of the British Parking Association, you can use an official independent appeals service. To find out if it's a member, check the BPA's online list of Approved Operators. Firms in the scheme should display its logo in their car parks.
The new independent appeals service for England and Wales, known as Popla (Parking on Private Land Appeals) has been running since 1 October 2012 for tickets issued on or after this date. Sadly, it isn't industry-wide, and doesn't cover Scotland and NI. Read more on the BPA
The British Parking Association, the trade body for the industry, has a voluntary code of practice which includes a maximum charge limit. However, its codes aren't enforceable - and many parking companies aren't members. The BPA states its members must agree to follow the decisions made by the independent appeals service Popla.
If you have a bad experience, it's still worth reporting it to the BPA. It mightn't help you, but may stop others suffering something similar. See more information about Complaining to the BPA.
- What are my chances? Since the scheme started, POPLA's told us that it's had about 1,000 cases brought to it, as of Feb 2013. In 55% of these, it's found in favour of the motorist - so this is your chance of winning if your case goes all the way to it.
Below is our suggested appeals approach, but we've also included the route to take if you want to be militant. It's worth reading them both first, to help you decide which to do.
How to appeal
It's free to appeal via the parking firm regarding the unfair ticket first, and if that fails, via Popla. Before you start:
- The appeals body is a completely new service, so we've no feedback on it yet. If you've used it, please let us know how you've got on in the Popla feedback forum discussion.
- If the appeal finds in favour of the parking operator, you'll lose any early payment discount offered.
- You don't pay to appeal, and there's no need to pay the ticket first before appealing. The parking company actually has to pay £32.40 for each appeal it gets through the Popla system, so appeal and you're effectively 'fining' them back.
- Sadly, Popla says it has no power to allow an appeal simply because of mitigating circumstances. There is also no ground for where you believe the charge was excessive. If this is the case, you won't win on appeal. So don't appeal using Popla - use this template letter to dispute it directly with the parking firm instead.
Complete the parking operator's appeals first
Before you complete an official Popla appeal on the unfair ticket, you'll need to have exhausted the parking operator's own appeals process.
How to appeal against a ticket before you go to Popla
Any parking company who is a member of the British Parking Association should have a formal disputes process. If it does, it should be explained on the back of the ticket. Find the address listed on the ticket to make an 'appeal' within the stipulated timeframe, which will usually be 28 days.
The template letters in the Militant Approach section may help. Where clamping and towing is still allowed, you may also find it useful to read the Clamping and Towing section if you have already paid the charge, as this covers getting a refund from the parking company.
If the ticket issuer has behaved really badly, always report it to the landowner or retailer that employs it, especially if it's a big company with a reputation to protect. It may be horrified at its antics and intervene to get the ticket cancelled. Read the £95 parking ticket for parking too long news story as an example.
If you are ultra-cautious and want to pay, then do so quickly as some parking firms offer discounts if you pay early.
After you've written to the company, there are four possible outcomes at this stage:
1. It accepts your arguments
In which case you win. Hooray!
2. It doesn't reply
In which case you win. Hooray!
3. It refutes your argument, but says it won't take it further
In which case you win. Hooray!
4. It continues to demand payment
This is generally the most likely event, but if you know you're in the right, you can stand your ground. Here, you need to decide whether you want the hassle and possible stress of continuing, as the ticketers may ignore details sent in your previous letters and continue to contact you.
Weigh up the cost of dealing with it with the cost of paying the charge. It's a personal decision.
If you get more letters and continue to dispute the process, the only way it can make you pay is if it takes you to court. While there's a lot of bluff and bluster here, and it may threaten to go to court, many companies simply don't follow through.
If it decides to take you to court, for an amount of this size it's normally (though no guarantees) a small claims action, which means the worst that can usually happen is you're ordered to pay the charge and costs aren't awarded.
For small claims, don't think judges and wigs. Often, claims are filed online which means most of the process is done by paperwork and this is more about form-filling than anything else.
If you do end up in court, you need to be confident and aware of the arguments before doing so. For more on how the court system works, see the Going to Court box in the clamping section below.
Once you've done this, if the company accepts your appeal it should cancel the ticket. But if your appeal's rejected, it'll include an application form for the formal Popla appeals process, along with an official verification code for your case (if you don't get a code, contact the operator to ask for one).
You've then got 28 days to appeal, from the date you received the operator's notice of rejection. In some circumstances you may be able to appeal outside this timeframe, but you'll need to explain why on the form.
Filling in the appeal form
Popla has its own grounds of appeal, so you'll need to tick which of these you're applying under on the form:
- The vehicle was not improperly parked. If you weren't parked where the operator said you were, you hadn't overstayed, you clearly displayed your ticket or there weren't proper signs in place.
- The parking charge exceeds the relevant amount. If you've been asked to pay the wrong amount, or have already paid the charge.
- The vehicle was stolen. What it says on the tin - this covers if your car was ticketed while stolen (not if you'd lent it to someone).
- I am not liable for the parking charge. This covers if you'd sold the vehicle or bought it after the alleged parking gaffe.
Sadly, the appeals service says it has no power to allow an appeal simply because of mitigating circumstances . However, if this is only part of your appeal (not the main reason) it's still worth including these with your appeal in case it helps (though there's no guarantee).
Also send in copies of any evidence you gathered earlier (eg, photos, documents or witness statements to support your case) along with your appeal form. You can either appeal by email attaching the form and any supporting documents, or send it by post, to the address given on the form. Make sure you note down your verification code before you send it off.
The appeals process should take no more than 35 days from receipt of appeal, but Popla expects it should be less than this in straightforward cases. It also aims to send out its response on the working day after the decision's made.
My appeal's been accepted - hooray!
That should be the end of it, as the operator should simply cancel the charge. Popla states the decision's binding on the operator that issued the charge; as they're a member of the BPA they should accept the decision and stop chasing you. If they don't, they'll be in breach of its code of conduct, so you should see full details on Complaining to the BPA.
My appeal's been rejected - help!
If you lose the appeal, you need to decide whether to pay, take the company on, or ignore the decision and do nothing.
Popla states you should pay the full parking charge within 14 days to avoid further action by the operator. But it's also told us that it isn't an enforcement body, so won't chase you for refusing to pay.
So if you disagree with the decision, it's not binding on you and the operator would still need to go to court to enforce the fine - and there's no guarantee this will happen.
If it decides to take you to court, for an amount of this size it's normally (though no guarantees) a small claims action, which means the worst that can usually happen is you're ordered to pay the charge and costs aren't awarded.
For small claims, don't think judges and wigs. Often, claims are filed online which means most of the process is done by paperwork. This is more about form-filling than anything else.
If you do end up in court, you need to be confident and aware of the arguments before doing so. However, it's worth noting that if you've already gone through an official appeals process and lost, this decision's likely to be taken into account so a win may be harder. For more on how the court system works, see the Court Action section in the clamping section below.
The militant approach
From this point on, we're in negotiation territory.
If you don't want to use the independent appeals service for the unfair ticket, you can take the militant approach by stating in no uncertain terms you reject the charge and politely state you won't enter into any further correspondence.
Remember, BPA members CAN find owners' contact details via the DVLA, meaning you'll probably get a letter if you don't pay or appeal - so strike first.
Write to dispute the unfair ticket, though some militant campaigners suggest you ignore the invoice completely. Importantly, in any correspondence...
Don't state you're 'appealing', merely that you're refusing to pay.
Effectively, a ticket from a private firm is an invoice as, in their words, by overstaying your welcome on their land you have agreed to pay a particular sum. By stating you are appealing, it gives unnecessary legitimacy to the ticket.
If you chose to reply, from this point on we're in negotiation territory - we've no feedback on using this method instead of following the new appeals system.
You need to make it realise you're going to be hard work, and it isn't going to get the money from you without the time and expense of court action. To put your mind at rest, as there's no credit involved, it can't hit your credit rating either (unless in the extreme circumstance you refuse to pay a court order).
A parking company has NO POWER to force you to pay an invoice unless it first chooses to take you to court, which is a hassle, and then it needs to win the case which is by no means certain. Find full info and template letters below.
Step-by-step guide to disputing tickets - the militant approach
The most important point to start with is to prepare your argument. There are five main categories that will apply, and you can use them separately or in combination.
Step 1. The five main arguments against tickets
The aim is to write back, up the ante, show you know your stuff and make it decide whether it's worth the hassle of pushing you.
Your letters should explain why you dispute the unfair charge in the unlikely event it goes to court (though there's a lot more due to happen before then), but also avoid giving them details to use against you. The five main arguments are below:
You didn't break any rules
If you didn't do what the ticket claims, then it's been wrongly issued. For example, if you were not blocking an entrance or parked over two spaces, had paid correctly or any other reason, simply gather the evidence.
There was no signage, or insufficient signage
The basis for the ticket is that you agreed to what the notice stated. For example, if there was a massive conspicuous notice saying "Parking: £50 an hour, you'll be clamped if you don't pay, and charged another £100" and you saw it and parked, it's deemed you accepted what it said.
Yet if you didn't see the sign, you couldn't have accepted it. Therefore, if there wasn't a notice, it was hidden out of sight (up a tall tree, for example) or was the size of a peanut, you've a strong case.
Only having a sign at a car park's entrance isn't suitable as it's arguable that when turning or manoeuvring, you need to be concentrating on your driving to stay safe, not reading parking signs. Signs need to be visible from all over the car park to be sufficient.
If the signage isn't appropriate, then refuse to pay on this basis. But make sure you have photos of the signs to use as evidence if relevant.
You weren't on private land
Staggeringly, this can happen. If you weren't on private land (say, you were on a public road or in a council car park) then refuse to pay. Take pictures of your car and of the surrounding area so it's clear you were parked outside of the landowner's jurisdiction.
Are there mitigating circumstances?
If you accept you parked incorrectly, but there are mitigating circumstances why you shouldn't pay the charge, then explain them. These may include attending to an emergency while parked, or your car breaking down. See a list of typical mitigating circumstances.
In addition, if you cannot afford to pay, then say so. You never know, you'll sometimes find a kind-hearted person who will let you off. Make sure you submit all financial evidence to highlight your plight.
The catch-all: the charge levied is disproportionate
Some lawyers argue the charge must reflect the loss to the landowner by you parking there. And can a company really justify a penalty of up to £100?
If parking costs a pound an hour and you overstay by 30 minutes, it's arguable paying 50p is fair, and perhaps a couple of quid on top to justify the admin costs. If parking's free, the firm hasn't technically lost anything.
However, there are occasions this is countered. For example, during supermarket or retail outlet busy periods, they can claim you've cost them revenue by not allowing other people to use that space and access the store.
Even so, that will only happen if the company chooses to pursue you and they'll still need to prove it. There is a legal argument to play here for those who are interested:
the Unfair contract argument.
There are different thoughts on this argument, however. One senior lawyer says it's nonsense but another says it's strong, proving the point this is not an exact science. Yet if you want to be militant, there's no harm in giving it a try, as it may help your case.
Step 2. How to dispute a ticket
If one or more of the above grounds apply, you can write explaining it, either to the address on the ticket, the address you've found after contacting the landowner or the address on a demand for payment. You could also write to the manager of the store, as they may be able to override an unfair ticket. You can also choose to ignore the letters if you like.
If you do write back, ensure you enclose all necessary evidence. To help here's a template letter:
There is a good chance of winning if you get to this stage as, regardless of your other arguments, signage is usually poor and charges are disproportionately high.
Plus, most companies want an easy life, so the mere fact you're challenging their processes could help get the ticket cancelled.
There are four possible outcomes at this stage:
1. It accepts your arguments
In which case you win. Hooray!
2. It doesn't reply
In which case you win. Hooray!
3. It refutes your argument, but says it won't take it further
In which case you win. Hooray!
4. It continues to demand payment
This is the most likely event, but if you know you're in the right, you can stand your ground. Here, you need to decide whether you want the hassle and possible stress of continuing, as the ticketers may ignore details sent in your previous letters and continue to contact you.
Weigh up the cost and stress of dealing with it, or ignoring any further letters, with the cost of paying the charge. It's a personal decision.
If you get more letters and continue to dispute the process, the only way it can make you pay is if it takes you to court. There's a lot of bluff and bluster here, and it may threaten to go to court, but many companies simply don't follow through.
If it decides to take you to court, for an amount of this size it's normally (though no guarantees) a small claims action, which means the worst that can usually happen is you're ordered to pay the charge and costs aren't awarded.
For small claims, don't think judges and wigs. Often, claims are filed online which means most of the process is done by paperwork. This is more about form-filling than anything else.
Yet if you do end up in court, you need to be confident and aware of the arguments before doing so. For more on how the court system works, see the Court Action section in the clamping section below.
Non-BPA approved operators - how to dispute
Below is our suggested approach, but we've also included the route to take if you want to be militant. It's worth reading them both first, to help you decide which to do.
Don't pay, but explain why
There is no official route here and they may get militant, so don't pay if the ticket's unfair.
If you get scared or nervous when letters demanding money or threatening court action come through the door, though it's mainly posturing, this will be a difficult technique.
So if you are ultra-cautious and want to pay, then do so quickly as some parking firms offer discounts if you pay early.
Otherwise, write to them to explain why you aren't paying the unfair ticket. Sadly there's no independent appeals body for non-BPA registered firms. Some firms may claim to have their own appeals system, but the fact this isn't independent concerns us, so don't say you're appealing. Some inspiration from the forums before you start:
Received a private ticket of £95 for being 15 minutes over the 2 hours allowed in a Wickes carpark. I followed the advice on the site and initially received the 'Your appeal has been rejected' letter. I responded that I did not appeal as there was no contract with me, and have heard nothing further.
How to challenge a ticket
Check on the ticket for the parking company's address and contact the firm concerned. If there's no address given, contact the landowner letting it know about your complaint, and ask for a suitable address to make your case to the parking company. Or, follow the Militant Approach and ignore the unfair ticket until you get court papers.
The template letters in the Militant Approach section below may help. You may also find it useful to read the Clamping and Towing section if you have already paid the charge, as this covers getting a refund from the parking company.
If the ticket issuer has behaved really badly, always report it to the landowner or retailer who employs it, especially if it's a big company with a reputation to protect. It may be horrified at their antics and intervene to get the ticket cancelled. Read the £95 ticket for parking too long MSE News story as an example.
There are four possible outcomes at this stage:
1. It accepts your arguments
In which case you win. Hooray!
2. It doesn't reply
In which case you win. Hooray!
3. It refutes your argument, but says it won't take it further
In which case you win. Hooray!
4. It continues to demand payment
This is generally the most likely event, but if you know you're in the right, you can stand your ground. Here, you need to decide whether you want the hassle and possible stress of continuing, as the ticketers may ignore details sent in your previous letters and continue to contact you.
Weigh up the cost of dealing with it with the cost of paying the charge. It's a personal decision.
If you get more letters and continue to dispute the process, the only way it can make you pay is if it takes you to court. While there's a lot of bluff and bluster here, and it may threaten to go to court, many companies simply don't follow through.
If it decides to take you to court, for an amount of this size it's normally (though no guarantees) a small claims action, which means the worst that can usually happen is you're ordered to pay the charge and costs aren't awarded.
For small claims, don't think judges and wigs. Often, claims are filed online which means most of the process is done by paperwork and this is more about form-filling than anything else.
Yet if you do end up in court, you need to be confident and aware of the arguments before doing so. For more on how the court system works, see the Court Action section in the clamping section below.
The militant approach - don't pay and don't write
From this point on, we're in negotiation territory. If you ignored the unfair ticket when you got it, one of two things will then happen:
-
It doesn't invoice you
In a number of cases they don't follow up or send you an invoice.
In which case, that's it - you've won and don't need to pay the ticket, simple as that.
It's worth noting the DVLA only releases keeper details to members of an accredited trade association (the BPA). This means non-BPA registered firms will find it harder to get hold of your details, so may not be able to chase you for a ticket at all.
If you think a non-BPA registered firm has got hold of your details unlawfully, complain to the DVLA.
-
It does!
If you receive an invoice, you can either write back and dispute the ticket, or continue to ignore it. Importantly, in any correspondence...Don't state you're 'appealing', merely that you're refusing to pay.
Some report that replying at all can mean the ticketers become more persistent, so be ready for this, but there are no hard or fast rules.
Effectively, a ticket from a private firm is an invoice as, in their words, by overstaying your welcome on their land you have agreed to pay a particular sum. By stating you are appealing, it gives unnecessary legitimacy to the ticket.You need to make it realise you're going to be hard work, and it isn't going to get the money from you without the time and expense of court action. To put your mind at rest, as there's no credit involved, it can't hit your credit rating either (unless in the extreme circumstance you refuse to pay a court order).
A parking company has NO POWER to force you to pay an invoice unless it chooses to take you to court, which is a hassle, and then it needs to win the case, which is by no means certain. Find full info and template letters below.
Step-by-step guide to writing back
The most important point to start with is to prepare your argument. There are five main categories that will apply, and you can use them separately or in combination.
Step 1. The five main arguments against tickets
The aim is to write back, up the ante, show you know your stuff and make it decide whether it's worth the hassle of pushing you. Your letters should explain why you dispute the unfair charge in the unlikely event it goes to court (though there's a lot more due to happen before then), but also avoid giving them details to use against you.
The five main arguments are below:
You didn't break any rules
If you didn't do what the ticket claims, then it's been wrongly issued. For example, if you were not blocking an entrance or parked over two spaces, had paid correctly or any other reason, simply gather the evidence .
There was no signage, or insufficient signage
The basis for the ticket is that you agreed to what the notice stated. For example, if there was a massive notice saying "Parking: £50 an hour, you'll be clamped if you don't pay, and charged another £100" and you saw it and parked, it's deemed you accepted what it said.
Yet if you didn't see the sign, you couldn't have accepted it. Therefore, if there wasn't a notice, it was hidden out of sight (up a tall tree, let's say) or was the size of a peanut, you've a strong case.
Only having a sign at a car park's entrance isn't suitable as it's arguable that when turning or manoeuvring, you need to be concentrating on your driving to stay safe, not reading parking signs.
Signs need to be visible from all over the car park to be sufficient.
If the signage isn't appropriate, then refuse to pay on this basis. But make sure you have photos of the signs to use as evidence if relevant.
You weren't on private land
Staggeringly, this can happen. If you weren't on private land (say, you were on a public road or in a council car park) then refuse to pay. Take pictures of your car and of the surrounding area so it's clear you were parked outside of the landowner's jurisdiction.
Are there mitigating circumstances?
If you accept you parked incorrectly, but there are mitigating circumstances why you shouldn't pay the charge, then explain them. These may include attending to an emergency while parked, or your car breaking down. See a list of typical mitigating circumstances .
In addition, if you cannot afford to pay, then say so. You never know, you'll sometimes find a kind-hearted person who will let you off. Make sure you submit all financial evidence to highlight your plight.
The catch-all: the charge levied is disproportionate
Some lawyers argue the charge must reflect the loss to the landowner by you parking there. And can a company really justify a penalty of up to £100?
If parking costs a pound an hour and you overstay by 30 minutes, it's arguable paying 50p is fair, and perhaps a couple of quid on top to justify the admin costs. If parking's free, the firm hasn't technically lost anything.
However, there are occasions this is countered. For example, during supermarket or retail outlet busy periods, they can claim you've cost them revenue by not allowing other people to use that space and access the store.
Even so, that will only happen if the company chooses to pursue you and they'll still need to prove it. There is a legal argument to play here for those who are interested: the Unfair contract argument.
There are different thoughts on this argument, however. One senior lawyer says it's nonsense but another says it's strong, proving the point this is not an exact science. Yet if you want to be militant, there's no harm in giving it a try, as it may help your case.
Step 2. How to dispute a ticket
If one or more of the above grounds apply, you can write explaining it, either to the address on the ticket, the address you've found after contacting the landowner or the address on a demand for payment. You could also write to the manager of the store, as they may be able to override an unfair ticket. You can also choose to ignore the letters if you like.
If you do write back, ensure you enclose all necessary evidence. To help here's a template letter:
There is a good chance of winning if you get to this stage as, regardless of your other arguments, signage is usually poor and charges are disproportionately high.
Plus, most companies want an easy life, so the mere fact you're challenging their processes could help get the ticket cancelled.
There are four possible outcomes at this stage:
1. It accepts your arguments
In which case you win. Hooray!
2. It doesn't reply
In which case you win. Hooray!
3. It refutes your argument, but says it won't take it further
In which case you win. Hooray!
4. It continues to demand payment
This is generally the most likely event, but if you know you're in the right, you can stand your ground. Here, you need to decide whether you want the hassle and possible stress of continuing, as the ticketers may ignore details sent in your previous letters and continue to contact you.
Weigh up the cost of dealing with it with the cost of paying the charge. It's a personal decision.
If you get more letters and continue to dispute the process, the only way it can make you pay is if it takes you to court. While there's a lot of bluff and bluster here, and it may threaten to go to court, many companies simply don't follow through.
If it decides to take you to court, for an amount of this size it's normally (though no guarantees) a small claims action, which means the worst that can usually happen is you're ordered to pay the charge and costs aren't awarded.
For small claims, don't think judges and wigs. Often, claims are filed online which means most of the process is done by paperwork. It's more about form-filling than anything else.
Yet if you do end up in court, you need to be confident and aware of the arguments before doing so. For more on how the court system works, see the Court Action section in the clamping section below.
Don't miss out on updates to this guide Get MoneySavingExpert's free, spam-free weekly email full of guides & loopholes
Know your rights if clamped or towed
It's now a criminal offence to clamp or tow vehicles without lawful authority on private land in England and Wales, under the Protection of Freedoms Act 2012. Clamping's been illegal in Scotland since 1992, but hasn't been banned in Northern Ireland yet.
When's clamping or towing still allowed?
There are some cases where clamping or towing is still legal in England, Wales, and Scotland such as for:
- Offences on public roads.
- Certificated bailiffs collecting unpaid tax.
- The police and local authorities (see Council Parking Ticket Appeals for help), and Government agencies such as DVLA and VOSA where vehicles are un-roadworthy or have not paid their vehicle tax.
- Where local byelaws are in place, including some railway station car parks, airport car parks, ports and harbours and river crossings, which can still be contracted out to private companies.
As clamping or towing is still possible in these circumstances, and is unlikely to mean the instant disappearance of clamping cowboys, here's a stark warning...
Don't try to remove the clamp yourself, as any damage could be considered criminal.
Been clamped or towed illegally? Call the police
If you've been clamped or towed away from anywhere in England, Wales and Scotland that isn't on the above list, the first thing to do is call the police.
Don't hand over any money. Don't get into a debate with the clampers. Don't be scared to call 101, the police non-emergency number, if you don't feel threatened - or 999 if you do. There are tough penalties for breaking the law, including a £5,000 fine.
What to do if you've been clamped or towed legally
If you were clamped or towed before the ban started in England and Wales, by a legal authority mentioned above or at all in Northern Ireland, it's likely you'll need to pay the charge first to get your vehicle released. Then if it's unfair, seek a refund.
If that's the case, when you pay, always state you're paying under protest and, if you can, write "paid under protest" on any document retained by the clamper. That means the clamping company can't suggest you accepted liability by simply paying up. The action to take depends on whether you're...
Still at the scene with the clamped car?
If the clamper's telling you they have legal authority to immobilise or move your vehicle, ask to see their ID. If you're not sure of its validity, call the authority on whose behalf they are carrying out the work. If you're still not sure, or can't get hold of anyone, call the police.
In Northern Ireland...
Clampers must be registered with the Security Industry Authority. If they're not, both they and their employer have broken the law. Any landowner that employs an unlicensed clamper or tow-away firm is committing a criminal offence.
Once the clamp remover arrives or you reach the car pound, ask to see a licence from the SIA. It is an offence if they do not provide you with a 16 digit SIA licence number, which should be on the front of a licence. You can check the number is legitimate on the SIA website or by calling 0151 243 3701.
If any offence has been committed, demand your vehicle is released without charge immediately. If it's not, don't be scared to call the police, as a crime has been committed.
If the individual has a licence you can try to bargain or negotiate with the clamping firm. If it doesn't budge, always
Paying under protest...
When you pay, make sure you get a receipt containing:
- The location where the alleged parking incident occurred
- The person's name and signature
- Their SIA number (if relevant)
- The date
Plus, when you sign anything, include a note that you are paying "under protest" to ensure it knows you don't accept the legitimacy of the charge.
Can I fight them charging in the first place?
If you really want to fight the clamping, the nuclear option is to apply to the local court for an urgent injunction compelling the clamper to release your vehicle.
If granted, it'd then be for the clamper to sue you for their charges, if it can be bothered. The court could grant the injunction with the condition you pay the charge to the court, pending a decision whether you're liable. This is an extreme situation, and beyond the scope for most people.
If you can't afford the charge, the only option is to negotiate with the clamper, pound or landowner. Technically, there is no leeway and your car will eventually be crushed (and it may still try to make you liable for the charges) yet some kind-hearted official may help you. If you get no joy, urgently contact Citizens Advice for more help.
Already paid to have your car released?
If you've been clamped or towed away unfairly, don't just leave it. There is a chance you could get a refund. So complain and ask for your money back. If it doesn't work, you may need to go to court.
Step 1. Reasons to complain
If you've already paid the charge, there are a number of different arguments that indicate if it was unfair. Check if any of the following apply to you:
-
The offence didn't happen
If you didn't commit the offence as stated, then the ticket's been wrongly issued. For example, if you were not blocking an entrance, or parked over two spaces, had paid correctly or for any other reason, simply gather the evidence. -
The signage wasn't clear
If the parking restrictions aren't clearly signed and visible from every parking spot, there's no contract between you and the car park owner.
Only having signs at a car park's entrance isn't suitable as when turning or maneuvering you'll need to be concentrating on your driving to stay safe, not any parking signs. Signs need to be visible from all over the car park to be sufficient.
If the signs are not visible, then demand a refund on this basis, but ensure you have photos to use as evidence if relevant. - There are mitigating circumstances
If you accept you parked in the wrong place but there are genuine mitigating circumstances to explain why you parked where you did, challenge the ticket. See a list of typical mitigating circumstances . -
Clamping or towing is too harsh a punishment
If you feel that clamping or towing is too harsh a punishment but you're willing to pay a reduced fee you can always try to bargain with the landowner, not the ticketer, claiming you made an honest mistake. This will not be straightforward. But there's no harm in giving it a try. -
The release fee isn't reasonable
The release fee here only has to be 'reasonable', yet this is ill-defined and there's no set legal limit to what this is. But judgments in previous cases indicate around £150 is the maximum. Again, there is no guarantee this will be successful, but trying may help your case.
Step 2. Appealing or writing to get the refund
If the clamp or tow was by a legal authority, go to the Public Parking guide and follow the steps for your ticket type.
Elsewhere, if one or more of the above grounds apply, you'll need to write explaining it to either the address on the release forms you've been given, or on the ticket itself if you've been given one. If it has its own formal "appeals" process, then stick to the time restrictions and get your letter to the landowner in good time. Here's a template to help:
Ensure you enclose all necessary evidence with any letters, emails or faxes. There are two outcomes at this stage:
-
Your argument is accepted
And the money should be refunded, hooray!
-
Your argument is not accepted
After this, your only recourse is to the court. Don't think of judges and wigs, for most people it's simply about filling in a claim form online which goes through the small claims system.
This has the benefit that you can't be asked to pay the other side's legal costs, provided the judge doesn't decide you behaved unreasonably, and that is exceptionally rare.Your case will almost certainly go through small claims. There is a tiny chance it will be allocated to a normal court, although this is extremely unlikely.
Step 3. Court action
At this point, rethink the justice of your case and decide whether you're committed to going to court. It's a venture that'll take work and research.
You will have to pay a fee of £25 to £100, depending on how much you're claiming, though this is refunded if you're successful or the parking company doesn't defend the case. Plus, if you're on benefits or a low income, you can apply to the court to have the costs reduced or waived.
How to make your claim
For ease, use the Moneyclaim website in England and Wales (there's also the Northern Ireland Courts Online) which can be used for starting most county court money claims. Just go there, fill in the form and pay the fee. You can also submit a claim to your local county court.
You'll need to submit a statement, called a particular of claim, which basically means a letter setting out the grounds for your seeking a refund. Here's a template to help:
What happens next?
After you've submitted a claim, what happens next depends on the parking company's reaction. It takes five days for the claim to be 'serviced' and all deadline dates start from that point.
-
The parking company/landowner settles in full. Victory!
For the sake of expediency the company may settle in full, possibly as a 'goodwill gesture'. -
The parking company/landowner does nothing. Victory!
If the company simply doesn't acknowledge the claim, this means you automatically win by default 14 days after the claim is served. At that point, you must request 'judgment by default'. This can be done online, and you should do it as soon as possible (get it in your diary and plan around it, to the second, if possible) after the 14 days ends. -
The claim's acknowledged but there's no defence. Victory!
If the claim's acknowledged but no defence is entered, this means you win, though this time after 28 days. At that point, immediately request a 'judgment by default'. This can be done online. -
It says it will defend the claim
This is the point where people get scared. But even if the parking company does this, you'll now simply be sent a straightforward Court Allocation Questionnaire which you must fill out and return with a £40 fee.
The next stage should be a small claim, and there will be a further fee to pay of £25 to £325 depending on the amount of your claim (though for parking tickets it's usually at the lower end). At this point you'll be allocated a hearing date. Again, though, it's worth remembering if you win, the fees will be refunded.
When you go to court, it's possible the parking company won't show up and you'll win by default. Even so, prepare your arguments and ensure you have evidence prepared. If you have to attend the hearing, you'll need to explain your case.
If you win and it doesn't pay, send in the bailiffs
Sadly, even if you win in court or by default, it doesn't mean they'll pay up automatically. If the company doesn't pay, you've a right to send the bailiffs in to claim the money. Again, it's easy to do via the Moneyclaim site.
Energy bill discount for those living near wind farms
Charity warns of 'bailiff boom' after council tax benefit cuts
Summer holiday planning: Where will your pound go furthest?
EHIC confusion: a third wrongly think it replaces travel insurance
Top ten supermarket price blunders
Doing something rather brave – I won't be working next Tuesday
Should MoneySavingExpert encourage tax avoidance?
A poem of modern Britons – written in the strangest way
Dad, I've made it, I'm on Corrie!
I'm writing today and I feel like I'm skiving
