Yet another fine mess – parking tickets on private land

Updated – February 21, 2015

Most of us have at some time or an additional returned to our vehicle to uncover a parking ticket slapped on the windscreen. It is annoying and it is costly, though if we have broken the guidelines we usually spend up. But what if the ticket is unjustified? What if you are the victim of an more than-enthusiastic attendant, a basic error or a technical error?

You initial need to have to discover out whether the parking ticket was issued by the council, the police or a private company such as a supermarket, railway station or retail park. If the name of the police force or council is not on the ticket, then you are possibly on private land.

The distinction is important because police and councils have different powers to private car park operators. When you park on private land you enter into a sort of contract with the landowner. If you breach the contract, maybe by staying longer than your allocated time, you should count on a ticket.

Fine detail

Private vehicle park operators can not situation a fine or a penalty charge notice. It is also against the law for a private firm to clamp or tow away your automobile unless they have the legal authority, which must be clearly displayed. You have to watch out, although, as a lot of private firms do their greatest to make their tickets appear far more official, partly in an try to intimidate drivers.

Ok, so you are confident you are parked on private land. Are you also sure that the parking ticket is unfair? It’s no great huffing and puffing with indignation when you have in fact parked in a bay reserved for disabled badge holders. The auto park’s terms and circumstances need to be visible and if you did not break any of the guidelines you have each right to make a stand.

Sign of the occasions

Initial, gather any proof that the ticket is unjustified: perhaps a photo of an unclear sign, or proof that you have paid the appropriate quantity, as you will have a significantly stronger case if you can rely on a lot more than your word. You then need to have to get in touch with the firm that issued the ticket. If you are lucky, the operator will be a single of the 150 or so firms that are members of the Approved Operator Scheme run by the British Parking Association (BPA).

The firm should then abide by the BPA’s code of practice, which means it ought to have its own appeals method. You will also have access to the independent Parking on Private Land Appeals (Popla). You can uncover out if your firm is an authorized operator by looking on the BPA’s internet site at www.britishparking.co.uk.

It is also worth receiving in touch with the relevant retailer, train firm or hospital. If, for instance, your car was parked outdoors Marks & Spencer, the shop may possibly take a dim view of any sharp practice by its contractor and could intervene to safeguard its own reputation.

Well-known appeal

You must hear from the automobile park operator inside 28 days. If your appeal is unsuccessful, the firm will send out a verification code and a type to commence the Popla approach. You should make your case inside 28 days and there are 4 grounds for a Popla appeal:

• The vehicle was not improperly parked


• The charge exceeds the relevant amount


• The vehicle was stolen


• You are not liable for the charge because you sold the vehicle just before, or bought it following, the alleged improper parking.

It is crucial to keep in mind that Popla does not take into account mitigating situations. So, if you had been late back to your auto simply because you fell down a ditch, Popla will throw out your appeal. Nonetheless, it is worth pointing out that drivers have won roughly half of the Popla appeals given that the organisation was set up in 2012.

If you park on private land and the operator is not authorized by BPA, you options may possibly be much more limited and you will almost surely not be capable to appeal to Popla. Nevertheless, you can nonetheless set out your case in writing, which includes any evidence.

Court in the act

Some drivers select simply to ignore any unfair parking tickets in the hope that the operator will just go away. But it can be a risky method as the parking firm could pursue the car owner to court, generally the little claims court, to recover any funds.

The driver will not finish up with a criminal conviction, but it could nevertheless be a time consuming and distressing experience. Is it truly worth it?

Private parking, public concern

Motoring charity, the RAC Foundation, has suggested that millions of pounds worth of fines issued by private parking firms could have been unlawfully charged.

In the legal opinion of land and property barrister John de Wall QC, operating on behalf of the RAC Foundation, fines issued for overstaying in private carparks – which are often £100 or far more – had been, at very best, disproportionate and, at worse, ‘extravagant’ and ‘unconscionable.’

Mr de Wall said: “Payments at the level that operators presently demand as sanctions are unlikely to count as genuine pre-estimate of loss they must be observed by the courts as penalties – and this indicates they are unenforceable.”

The investigation also highlighted that some parking operators employ a enterprise model which means they can only make a profit if members of the public overstay and can be charged an excessive penalty.

Private parking firms created 2.2 million requests to the DVLA in 2013 for registered automobile owner information and – in the very same year private parking penalties revenues could have reached £100m.

Director of the RAC Foundation, professor Stephen Glaister, referred to as upon the legal argument outlined in the paper to be tested in court so a binding precedent could be set. If the courts agree with the findings, thousands of motorists who have been issued with tickets could be in line for a refund.

The Court of Appeal will hear a test case next week where 2 drivers will claim that they were unfairly treated by parking organizations and that they ought to be reimbursed for the penalties they have paid.

We’ll let you know what happens…

Have you ever had difficulty from a private parking firm? Unfair ticket? Bully-boy tactics? We’d really like to know, so leave a message in the box below

Yet another fine mess – parking tickets on private land