Fight unfair private parking tickets
Tickets are often invalid – don't automatically pay
If you get an unfair ticket in a private car park, don't automatically pay it. These supposed 'fines' handed out are merely invoices, often unenforceable, and so we've three routes to fight unfair tickets. If your ticket is from a council rather than a private firm, see the Parking ticket appeals guide.
Give us your feedback. Please let us know what you think and suggest any changes or ask questions in the Fight Unfair Private Parking Tickets discussion.
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.
Private parking need-to-knows
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Spot the difference: only one of these is an official ticket
Official council parking fines are called 'Penalty Charge Notices', yet private parking tickets from supermarkets, hospitals and others do better impressions of these than Alistair McGowan.
Look at the 'Parking Charge Notice' in the pic on the right to see how similar they can be. Yet that one's not a fine, it's just an invoice.
If you get an official parking fine, known as a Penalty Charge Notice, Excess Charge Notice or Fixed Penalty Notice, see our Parking ticket appeals guide.
If you've got a ticket from a private company, read on...
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Remember, this is about fighting UNFAIR tickets
Of course, landowners have a right to charge for and police parking, eg, if you've blocked a hospital entrance. If you've broken the rules, pay up.
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 a ticket is unfair.
It's worth noting, however, that even if you think the charge is exorbitant or disproportionate – disputing a ticket on those grounds is now more difficult than it once was.
But if you DO think the ticket you've got is unfair, read on to decide whether to fight.
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Never automatically pay a parking ticket from a private firm
If you get a ticket from a private parking firm which you believe is unfair, DON'T just pay it.
Trying to reclaim cash already paid isn't easy, so it's far easier to dispute it before paying it.
Just so you know who we're talking about, here's a list of some of the big private parking firms:
Britannia Parking Group, Euro Car Parks, National Car Parks (NCP), ParkingEye.
(We don't have any information on whether these firms' tickets are fair or unfair – we're just listing them here so you know who some of the big firms are.)
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Don't think of private parking tickets as 'fines'
They're not. Private parking 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 of what they deem to be a breach of contract.
It isn't the ability of private companies to issue tickets in itself that's a problem though. It's the unstructured system which puts unnecessary power in potentially unscrupulous hands.
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It's worth reporting unfair tickets to the landowner
If the parking firm which has issued your ticket has behaved particularly unfairly, it may be worth reporting it to the landowner, eg, a retailer or hospital, which employs it too.
It may be horrified at its antics and willing to intervene on your behalf to cancel the ticket – particularly if it's a big company with a reputation to protect. We've heard of successes before, such as Londoner Neil Alcock, who back in 2009 was given a ticket for £95 for taking too long spending £400 in a branch of Homebase.
Our forumites, who have plenty of experience fighting unfair tickets, have compiled a list of where this tactic has worked for them.
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Don't assume the driver's liable for the ticket
It might be the driver wot dunnit – but that doesn't mean it's the driver who'll have to pay. Parking operators in England and Wales are allowed to hold the vehicle's owner liable for unpaid charges if they don't know who the driver was and the owner refuses, or is unable, to name the driver.
Bear in mind though that if you're ticketed while driving a hire car anywhere in the UK, you'll still be responsible for any parking tickets if you've accepted liability for them under the hire agreement.
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Gather as much evidence as possible
If you're still at the scene, gather as much evidence as possible to truly reflect the situation when you got your ticket, so act ASAP.
If you're reading this after, it's still worth grabbing what you can, as this evidence can be the key to winning.
Martin found just how crucial evidence can be when he got a ticket at 6.35pm, yet took a photo of a sign showing he could park after 6.30pm – see his Parking fines reclaim blog. (Although Martin's ticket was from a council, the principle of gathering evidence is the same for private tickets.)
Here's what to collect:
- Photographs. Snap any unclear signs, bay markings or lines, and areas where you believe they should be. Also take pics of where your car was, the meter and your ticket, plus anything else that might be relevant.
- Correspondence. Keep everything you've been sent from the company, and copies of any information you have sent off.
- Proof of mitigating circumstances. Keep anything relevant, such as receipts from a recovery company if you were broken down.
- Witness statements. If anyone will corroborate your story, get their details and ask them to sign a statement, eg, if it was impossible to see the signs or you were loading or unloading goods and stayed within the rules.
- Photographs. Snap any unclear signs, bay markings or lines, and areas where you believe they should be. Also take pics of where your car was, the meter and your ticket, plus anything else that might be relevant.
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Know your rights if you're clamped or towed
Clamping and towing on private land is banned in England and Wales under the Protection of Freedoms Act 2012, and it's been banned in Scotland since 1992. But there are some cases where you can be legally clamped or towed by a private company.
In England, Wales and Scotland, firms are sometimes subcontracted by the police, local authorities or Government agencies such as the DVLA. And where local bylaws are in place (eg, at some railway station and airport car parks), they may have the right to clamp or tow you. It's also worth noting that private companies can clamp you even on private land in Northern Ireland.
As clamping or towing is still possible in these circumstances, here's a stark warning to keep in mind...
Don't try to remove the clamp yourself, as any damage could be considered criminal.
How to challenge private parking tickets
There are three very different routes to fighting unfair private parking tickets. Which of the first two you take depends on whether the company that issued the ticket is part of a trade body. The other route, fighting on a technicality, is open to anyone.
Check if the firm's a member of a trade body
Hopefully the ticket will say if the company is a member of a trade body, but if not you need to check with the British Parking Association (BPA) or the International Parking Community (IPC). Make sure you do this first, and if you find it is, jump to:
How to appeal if the parking firm IS part of a trade body.
If it ISN'T a trade body member it's a different technique
If the company has chosen not to be a member of a trade body, there's a totally different step-by-step to fight unfair tickets. If you're sure it isn't a member, jump to:
How to dispute if the parking firm IS NOT part of a trade body.
It's also worth checking if there's a mistake on your ticket
There's also another route you can try, whether or not the parking firm belongs to a trade body. To see if you can appeal on a technicality, jump to:
How to fight an unfair ticket by taking the technical route.
How to appeal if the parking firm IS part of a trade body
Assuming you followed the above and have discovered that your ticket is from a member of the British Parking Association (BPA) or International Parking Community (IPC), you now have a choice of three approaches.
We don't favour all of them, but because many people use them we've outlined the pros and cons of each. We're going to run through them in order of 'most aggressive' first.
1. The militant approach – we DON'T suggest this
There are some militant private parking campaigners out there who argue you simply shouldn't pay the ticket or have any contact with the company that issued it.
To be clear, we don't suggest you take this approach, particularly because if you've been ticketed by a company which is a member of an accredited trade body, it can apply to the DVLA for your details. But we're including this approach here anyway because you may hear some advocate it.
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2. The no-nonsense approach – tell 'em you won't pay
With this approach you're not going to follow the parking company's appeals route. Instead, you're simply going to treat the ticket like any other invoice, and write back to tell the company politely but firmly you're not paying and why you think it's unfair.
While this is a perfectly legitimate approach to take, it's best for those who are confident and are in some ways willing to take on the system. In the extreme, you might have to be prepared to go to court, as if you refuse to accept the parking firm's complaints system, it's only recourse is to take you on legally.
In many cases it won't do that – the fact you've taken this approach may mean the case simply goes away. But there are no guarantees, so you need to be prepared.
There are now two trade bodies for private parking firms which have independent appeals processes.
For most people this is the straightforward, 'by the book' approach. So if you're not sure you want to fight tooth and nail but do want to challenge an unfair ticket, this is the easiest and safest route to take, and the only one that guarantees you won't end up in court (unless you refuse to pay having been through it).
It's worth understanding though that by using this appeals process it does mean you're accepting the legitimacy of the ticket and the appeals system.
Step 1: Complete the parking operator's appeals first
Before you can appeal to a trade body, you need to first try appealing to the parking firm directly. Most tickets will include details of how to appeal on the back – this should include the address to send your complaint to.
You'll need to outline why you believe the parking ticket was unfair. It could be because there was missing or unclear signage. The following template letter will help you challenge your ticket with the private parking operator.
FREE template statement to cut and paste: Challenge a private parking firm (Problems opening it? See template letter help)
Step 2: Appeal through the official trade body process
There are two trade bodies and each has its own appeals process:
- Popla – for BPA members. You can appeal online or via post to Popla, PO Box 1270, Warrington, WA4 9RL.
- The Independent Appeals Service – for IPC members. You can appeal online, but if you want to appeal by post, you must use a different set of forms.
Boost your chances of success by including all the evidence you gathered to support your case and clearly explain why you're appealing (you can use the letter below to help). If you win, the decision is binding on the parking firm, so it should stop chasing you.
FREE template statement to cut and paste: Appeal to Popla and the IAS (Problems opening it? See template letter help)
Of the 58,522 appeals that completed the Popla process between 1 October 2019 and 30 September 2020, 41% resulted in cancelled parking charges. While the IPC does not publish success figures, of the 18,319 disputes the Independent Appeals Service received between 1 October 2020 and 30 September 2021, 21% were "discontinued" by private parking firms, leading to charges being dropped. .
What are my options if my appeal's rejected?
If you lose your appeal, you need to decide whether to pay, take the company on or ignore the decision and do nothing. Both the BPA and IPC state you should pay the full parking charge within 14 days.
If you disagree with the decision, the operator would still need to go to court to enforce the ticket – and there's no guarantee this will happen.
If they do 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 the company could also reclaim the court fees (which initially can be between £25 and £410 plus more if there's a hearing) but other costs aren't awarded.
It's worth noting that the court may take your previous appeal rejection into account, so a win may be harder.
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How to dispute a ticket if the parking firm's NOT part of a trade body
You've got three options to choose from if the company that ticketed you isn't a member of a trade body.
1. The militant approach – we DON'T suggest this
Some militant private parking campaigners argue you simply shouldn't pay the ticket or have any contact with the company that issued it.
If the company that's ticketed you isn't a member of a trade body it can't apply to the DVLA to get your details. In theory this could make it harder for the company to track you down, though there are no guarantees it won't. (If you think a non-BPA or non-IPC registered firm has got hold of your details unlawfully, make sure you contact the DVLA.)
To be clear, we don't suggest you take this approach, but we're including it here because you may hear some advocate it.
This is our suggested approach for most. Here you don't follow the route the parking company sets out; instead, you're simply going to treat the ticket like any other invoice, and write back to tell the firm politely but firmly you're not paying and why you think it's unfair.
Your letter should explain why you dispute the unfair charge, but also avoid giving it any details that could be used against you or the driver. Use the template letter below to help.
FREE template letter: Dispute a private parking ticket (Problems opening it? See template letter help)
There is a whole range of reasons you may want to dispute a parking ticket, but four of the main ones are below:
- You didn't break any rules. If you didn't do what the ticket claims, it's been wrongly issued.
- 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 charged £100 if you don't pay' 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, so gather evidence.
- You weren't on private land. 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, explain them. These may include attending to an emergency while parked, or your car breaking down. See a list of typical mitigating circumstances.
Can I argue the charge is too much?
This used to be one of the main grounds on which you could dispute a ticket, but making the argument's become much more difficult since the 2015 Supreme Court judgment on 'excessive' charges.
Previously, some lawyers argued that a parking charge must reflect the loss to the landowner by you parking there, so could a company really justify a penalty of up to £100?
But in the 2015 Barry Beavis case, Supreme Court judges ruled that £85 was not excessive for a 56-minute overstay, and that fines have a "useful" role to play as a deterrent. They didn't however specify what would constitute an excessive charge.
Can I be taken to court?
While this is a perfectly legitimate approach to take, in the extreme you might have to be prepared to go to court, as if you refuse to pay, the company's only recourse is to take you to court.
In many cases it will not do that. Therefore simply the fact that you've chosen to do this means it will go away, but there are no guarantees and there's a possibility you will end up in court.
However, remember this company has chosen not to join a trade body which has an independent appeals process, and so has left you with fewer options.
3. The firm's own appeals route – we DON'T suggest this
There's a chance the parking company has its own appeals system, the details of which may be on the back of the ticket. Alternatively, you may wish to simply write to them and state your case.
But, and this is a big but, remember this company has chosen not to join a trade body (which have independent appeals systems) and so it begs the question of how fair it's going to be.
If you go down this route, it means you're acknowledging the validity of its ticket. So instead we'd suggest you use the no-nonsense approach above.
The technical route: check if your 'Notice to Keeper' is flawed
Here you can dispute a ticket if you think a company has not followed the correct rules.
With private parking tickets in England and Wales it's the owner of the car, not the driver, who's liable. Therefore parking companies will often send a 'Notice to Keeper' ( a formal parking charge notice) to the registered owner of the car.
You'll get this through the post for one of two reasons – either you were caught on camera (and didn't get a ticket on your windscreen), or there was a ticket on the windscreen and it hasn't been responded to or the owner hasn't been told.
There are specific rules around how Notices to Keepers should be sent and written. However, sometimes companies get this wrong. If they have, it's often possible to appeal on a technicality.
This route comes from members of our forum who have a great deal of experience fighting unfair parking tickets. Here's what to do:
Step 1. Check if the Notice to Keeper follows the rules
Here's the list of what should be included. It must:
- Specify the vehicle, where it was parked and when.
- Tell the keeper that the driver has a parking charge and that it has not been paid in full.
- If a parking ticket was given at the time, the Notice to Keeper must repeat that info – if it wasn't, it should say what the driver is being charged and that the driver has been asked to pay.
- Say how much remains unpaid.
- Say that the firm doesn't know the details of the driver, and invite the owner to pay or tell it the driver's details.
- Warn that if payment hasn't been made within 28 days (from the day after a correct Notice to Keeper was given) it will have the right to recover the missing amount from the owner.
- Include details of any discount for prompt payment and processes for solving disputes.
- Say who is demanding payment and how they should be paid.
- State the date on which the Notice to Keeper was sent or given.
(If a ticket wasn't initially given on your windscreen, the same rules apply, but the Notice to Keeper should be sent within 15 days of the alleged parking offence.)
Step 2. Write to the parking firm flagging up the error
If you've found the parking firm slipped up, it'll give you useful ammunition in your appeal. First write directly to the company (contact details should be on the ticket) and tell it that as it did not comply with the Notice to Keeper rules set out in the Protection of Freedoms Act, you won't be paying the ticket.
Step 3. If it dismisses your appeal, go to the trade body (if you can)
If the parking firm is a member of a trade body – either the BPA or the IPC – you can go through the independent appeals process above. When you set out your appeal, you can also flag up the mistakes made with the Notice to Keeper and ask for the charge to be dismissed.
Step 4. What if the trade body disagrees or there isn't a trade body?
The question is how far you want to push it. It's possible that the firm will continue to chase for payments. If you know you're in the right, you can stand your ground, though here you need to decide whether you want the hassle and stress of continuing. If the company wants to take it all the way, its only option is to take it to court – but it may not follow through.
If it DOES take you to court, for an amount of this size it's normally (though there's no guarantee) a small claims action, which means the worst that can usually happen is you're ordered to pay the charge and the company could also reclaim the court fees (which initially can be between £25 and £410 plus more if there's a hearing) but costs aren't awarded.
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