Thousands of people receive parking fines every single week in the UK - and the fines can amount to hundreds – and potentially thousands - of pounds.
But what many people don't know is that the fines they've been issued aren't actually in breach of the law.
That's because it's a private parking fine - which isn't actually tied to the government.
As a consumer lawyer, I'm often asked questions about private parking tickets.
If you’ve been issued a penalty, here are the key points you need to know in the UK.
England and Wales
When you park on a public road or in a public car park, it is the local authority that publishes parking tickets, known as Parking Charge Notices. These are enforceable in the criminal courts.
But with parking on private land, it’s the landowner or private parking operator that deals with contraventions. So rather than a breach of law, it’s a breach of contract.
The rules
When you park on private land, you enter into an unwritten contract with the landowner. The terms of the contract must be clearly displayed on prominent signage, which must be easy to understand, legible and in plain English.
Parking tickets
If you contravene the rules or terms displayed by the landowner (usually meaning that you failed to pay the fee), you will inevitably receive a parking ticket. These are sometimes referred to as fines, but they are not fines. They are no more than an invoice for an alleged breach of contract. It is the registered keeper of the vehicle that is liable for these tickets/invoices.
What about in Scotland and Northern Ireland?
The law on private parking tickets in Scotland and Northern Ireland mirrors the rest of the UK in most aspects but, as motoring disputes expert Scott Dixon explains, there is one key distinction – there is no keeper/driver liability.
This means it’s the driver of the vehicle who is liable for breaching the parking terms, not the registered keeper of the vehicle (if not the same person).
This gives the private parking operator a headache as the onus is on them to ascertain who is liable.
However, Scott warns that this is not an invitation to ignore private parking tickets as such action has often gone against consumers in court.
Appealing tickets
The most common reason for appealing private parking tickets is either i) there was no signage displaying the parking rules ii) the signage was not prominent and therefore was not clear to be seen by all or iii) the content of the signage was not clear.
England, Scotland and Wales
The first thing to do is to find out if the private parking operator is a member of one of the two trade bodies – the British Parking Association (BPA) or the Independent Parking Committee (IPC). Both organisations have lists of accredited operators.
If the parking firm listed on the ticket is not on either of these lists, they do not belong to a trade body, and you don’t have to pay.
The back of the parking ticket should also display information about appealing the charge.
If you want to go ahead, start by appealing to the parking firm following their official complaints procedure.
If they reject your appeal, you can go to an independent organisation known as Parking on Private Land Appeals (POLPA).
Northern Ireland
If you have received an unfair private parking ticket in Northern Ireland, contact The Consumer Council on 0800 121 6022. I’m told they successfully help thousands of motorists every year.
