Fight unfair private parking tickets

Fight unfair private parking tickets
Tickets are often invalid – don’t automatically pay

If you receive an unjust ticket in a private parking lot, don’t rush to pay it. These so-called ‘fines’ are essentially invoices and are frequently not enforceable. Therefore, we suggest three strategies to contest unfair tickets. If the ticket is issued by a council instead of a private company, refer to the Parking Ticket Appeals Guide for assistance.

Private parking need-to-knows

1 – Spot the difference: only one of these is an official ticket

Official council parking fines are termed ‘Penalty Charge Notices’, whereas private parking tickets issued by supermarkets, hospitals, and other entities mimic these so well that they could rival Alistair McGowan’s impressions.

Observe the ‘Parking Charge Notice’ shown in the picture on the right to understand how similar they can appear. However, this is not a fine; it is merely an invoice.

If you receive an official parking fine, such as a Penalty Charge Notice, Excess Charge Notice, or Fixed Penalty Notice, refer to our Parking Ticket Appeals Guide.

For those with a ticket issued by a private company, continue reading…

2 – Remember, this is about fighting UNFAIR tickets

Certainly, property owners are entitled to enforce and charge for parking, such as in cases where a vehicle obstructs a hospital entrance. If you have violated the regulations, you should settle the penalty.

However, errors do occur—be it due to ambiguous signage, technological glitches, overly strict attendants, or simple misunderstandings. The purpose of this guide is to help you avoid unnecessary expenses in situations where a reasonable person would deem the parking ticket unjust.

It’s important to recognize that challenging a ticket based on the belief that the fee is excessive or unreasonable has become more challenging than it used to be.

However, if you genuinely feel that the ticket you’ve received is unjust, continue reading to determine if contesting it is the right course of action.

3 – Never automatically pay a parking ticket from a private firm

If you receive a ticket from a private parking company that you feel is unjust, DON’T rush to pay it.

It’s much simpler to challenge the ticket before making any payment, as getting a refund afterward can be quite difficult.

For your reference, here are a few major private parking companies:

Britannia Parking Group, Euro Car Parks, National Car Parks (NCP), ParkingEye.

(We are not commenting on the fairness of these companies’ tickets – this list is just to inform you about some of the prominent firms.)

4 – Don’t think of private parking tickets as ‘fines’

Private parking companies do not have any official authority to fine you, although they may attempt to give the impression that they do. Essentially, what they are doing is sending you a notice alleging a breach of contract.

The real issue isn’t that private companies can issue tickets; it’s the lack of regulation in the system, which can give excessive power to potentially unethical individuals.

What’s the law on this?

When you park in a privately-owned parking lot, such as those at supermarkets or hospitals, you are essentially entering into an implicit agreement with the property owner.

The property owner permits you to park on their premises, while you, by parking there, agree to adhere to the specified conditions (e.g., paying £1 for an hour, or staying for less than two hours).

If you pay for parking and leave without any issues, the contract is complete. However, if you park in a reserved spot, overstay, fail to pay, or leave your vehicle outside a designated parking area, the property owner can claim that you have violated this agreement and issue a parking ticket.

According to contract law throughout the UK, private companies are entitled to do this. However, this does not mean they can distribute tickets indiscriminately. To enforce their claim, they would ultimately need to take you to court. Even in that case, there’s no need to worry – it’s not a criminal matter, just a contract dispute.

5 – It’s worth reporting unfair tickets to the landowner

If the parking company that issued your ticket has acted especially unfairly, consider reporting the incident to the landowner, such as a retailer or hospital, that employs the firm.

The landowner might be appalled by the parking company’s behavior and willing to help you by canceling the ticket, especially if it is a large company with a reputation to uphold. There have been instances of success with this approach. For example, in 2009, Londoner Neil received a £95 ticket for spending too long while purchasing £400 worth of goods at a Homebase store.

Who have significant experience contesting unfair tickets, have compiled a list of situations where this strategy has been effective.

6 – Don’t assume the driver’s liable for the ticket

The driver might be the one at fault, but that doesn’t necessarily mean they’ll have to foot the bill. In England and Wales, parking operators have the right to hold the vehicle’s owner accountable for unpaid charges if the driver’s identity is unknown and the owner either refuses or is unable to disclose the driver’s name.

However, if you receive a parking ticket while driving a rental car in the UK, you will be held responsible for the fines if you have agreed to accept liability under the rental agreement.

Can they get my address?

Only accredited private parking operators can get the registered owner’s details from the DVLA. This means the operators have to be a member of the British Parking Association (BPA) or the Independent Parking Committee (IPC) to get the owner’s details from the DVLA.

In practice, as non-registered firms will find it harder to get hold of your details, they may not be able to chase you at all. If you think a non-registered firm has got hold of your details unlawfully, tell the DVLA.

This week, the Government unveiled a new code of practice for private parking companies, which they must adhere to by the end of 2023 in order to access your details from the DVLA. Since companies already need to be registered with either the BPA or IPC to obtain this information, it remains unclear what impact this new code will have.

What are the rules in Scotland and Northern Ireland?

In Scotland, there’s no concept of ‘keeper liability,’ which means the registered vehicle owner isn’t held responsible if they refuse or can’t identify the driver at the time of the infraction. However, members of the British Parking Association and the Independent Parking Committee can still obtain owner information from the DVLA. Transport Scotland has cautioned that parking companies might attempt to pursue the owner for payment through small claims courts.

In Northern Ireland, the driver remains responsible for any parking fines. If you receive a ticket in these regions and weren’t driving the car, you can inform them in writing that, as the vehicle’s owner, you are not liable for the charges, and you are not required to disclose the driver’s identity. It’s advisable to document this response for your records.

We’ve a template letter to help if needed.

7 – Gather as much evidence as possible

If you’re still at the location, make sure to collect as much evidence as possible to accurately represent the conditions when you received your ticket. Act quickly!

If you’re reading this afterward, it’s still beneficial to gather any evidence you can, as it might be crucial in challenging the ticket.

For example. He received a ticket at 6:35 pm but had a photo of a sign indicating parking was permitted after 6:30 pm—details of his case are shared on his Parking Fines Reclaim blog. (Even though ticket was issued by a council, the importance 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.

8 – 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.

What to do if your car’s been clamped by a private company

There are three steps to reclaiming your cash if you think you’ve been unfairly clamped.

– Step 1: Pay to get your car released – but under protest

When your vehicle is immobilized with a clamp, the standard procedure is to pay the fine before you can appeal. However, make sure to declare that you are paying “under protest” and clearly note this on any documents that the clamp enforcer retains. This precaution ensures that your payment cannot be interpreted as an admission of guilt.

If you’re unable to pay the fine, your best bet is to try negotiating with the clamper, the impound lot, or the property owner. Although the regulations are strict and your vehicle might ultimately be towed away or destroyed, a sympathetic official might be willing to assist you. If not, contact Citizens Advice urgently.

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 Security Industry Authority licence number (if relevant)
• The date

– Step 2: Ask for a refund if the charge was unfair

If your vehicle has been clamped or towed unjustly, don’t simply accept it. You have several potential arguments to contest the action. Consider whether any of the following scenarios apply to your situation:

• The offence didn’t happen. If you did not commit the offense as described, then the ticket has been incorrectly issued—such as if you were not obstructing an entrance as alleged.
• The signage wasn’t clear. If the parking restrictions are not clearly posted and easily visible from every parking space, no contract exists between you and the parking lot owner. It’s crucial that signs are displayed prominently throughout the entire parking area. Be sure to take photos as proof if necessary.
• There are mitigating circumstances. If you acknowledge that you parked incorrectly but have valid reasons for doing so, consider contesting the ticket. Check out a list of common mitigating factors that might support your case.
• Clamping or towing is too harsh a punishment. If you believe that clamping or towing is an excessively severe penalty but are open to paying a lower fee, consider negotiating directly with the landowner rather than the clamper. Explain that your situation was an honest oversight. While this approach may not be simple, it’s worth attempting.
• The release fee isn’t reasonable. The release fee in this context must be ‘reasonable,’ but this term is not clearly defined and lacks a specific legal limit. However, previous court rulings indicate that approximately £150 is typically considered the upper limit.

Should any of the aforementioned reasons be relevant, you will need to draft a letter detailing your situation and send it to the address provided on either the release forms or the ticket. If the company has a designated ‘appeals’ procedure, make sure to adhere to any deadlines and ensure your correspondence reaches the landowner promptly.

Ensure you enclose all necessary evidence with any letters, emails or faxes.

– Step 3. The final step is to take it to court

If the company rejects your claim, your next step is to pursue legal action. Don’t let the image of courtroom drama deter you; for most people, it simply involves completing an online claim form for the small claims court. You won’t be required to cover the other party’s legal expenses, unless the judge deems your behavior unreasonable, which is quite rare.

Before proceeding, carefully evaluate the fairness of your case and whether you’re prepared to engage in the court process. It will involve effort and research on your part. Additionally, there will be a fee based on the amount you’re claiming, although this fee might be reimbursed in certain situations, such as if you are on benefits or have a low income.

For ease, use the Money Claim website in England and Wales (there’s also the Courts and Tribunals Service for Northern Ireland and Scotland) which can be used for starting most county court money claims. Fill in the form and pay the fee. You can also submit a claim to your local county court.

You’ll need to provide a document known as a ‘particulars of claim.’ Essentially, this is a written statement outlining the reasons you are requesting a refund.

What happens next?

What occurs next hinges on how the parking company responds. Generally, it takes around five days, though it may take longer, for the claim to be officially delivered to the parking firm. From that moment, all deadline dates will be calculated.

• The parking company/landowner settles in full. For ease, the company may settle in full, possibly as a ‘goodwill gesture’.
• The parking company/landowner does nothing. If the company fails to respond to your claim, you will automatically win by default 14 days after the claim has been served. To formalize your victory, you need to request a ‘judgment by default’. This can be completed online, and it’s important to make this request as soon as the 14-day period has expired.
• The claim’s acknowledged but there’s no defence. If a claim is recognized but no defense is submitted, you automatically win the case, though only after a period of 28 days. At that time, you should promptly apply for a ‘judgment by default,’ which can be done online. However, if the company quickly applies and demonstrates a valid defense with a reasonable chance of success, the default judgment might be overturned.
• It says it will defend the claim. At this stage, many people begin to feel anxious. However, even if the parking company proceeds with this action, you’ll just receive a basic ‘court allocation questionnaire’ that you’ll need to complete and submit.
• The next stage should be a small claim, and there will be a further fee to pay of £25 to £410 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, it’s worth remembering if you win, the fees are likely to 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 it’ll pay up automatically. If the company doesn’t pay, you’ve a right to send bailiffs in to claim the money. Again, it’s easy to do via the Money Claim site.

What to do if your car has been towed by a private company on behalf of a council, etc

If your vehicle has been clamped or towed by a private company working on behalf of a public entity like a council, police force, or the DVLA, you’ll need to consult our Parking Ticket Appeals Guide. This guide outlines the specific procedures for disputing a tow, which differ from those for challenging a parking ticket.

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 mentioned above, 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 non-emergency police 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.

How to challenge private parking tickets

There are three distinct approaches for contesting unjust private parking tickets. Your choice between the first two approaches hinges on whether the ticket issuer is affiliated with a trade organization. The third approach, which involves challenging the ticket on a technicality, is available to everyone.

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).

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.

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.

Currently, there are three primary ways to contest unfair private parking tickets. However, it’s important to be aware that changes are on the horizon.

This week, the Government unveiled a revised code of practice for parking companies, outlining new regulations for those affiliated with trade organizations. According to this code, which will be enforced starting at the end of 2023, firms that are not members of trade bodies and do not adhere to the code will lose access to DVLA data on vehicle owners. Despite this, they will retain the ability to issue parking tickets.

How to appeal if the parking firm IS part of a trade body

If you’ve checked and found that your parking ticket was issued by a member of either the British Parking Association (BPA) or the International Parking Community (IPC), you now have three options to consider.

While we don’t necessarily endorse all of these methods, we’ve detailed the advantages and disadvantages of each one since they are commonly used. We’ll explore them, starting with the most assertive approach first.

1. The militant approach – we DON’T suggest this

Some fervent advocates of private parking rights argue that you should completely ignore the parking ticket and refrain from communicating with the issuing company.

It’s important to note that we don’t recommend this strategy, especially if the ticket comes from a company affiliated with a recognized trade association. Such companies can request your details from the DVLA. Nonetheless, we’re mentioning this approach because you might encounter those who endorse it.

Dead set on the militant approach? Here’s what to do if the firm continues to chase you

If the parking company keeps sending you letters and pursuing you despite your lack of response, you need to decide if you want to maintain a confrontational stance. If you’re hesitant about continuing this approach but still want to contest the ticket, consider switching to one of the alternative methods outlined below.

Should you choose to persist with a confrontational approach, make sure the parking company understands that dealing with you will be challenging. A parking company lacks the authority to compel payment unless it opts to take legal action, which involves a cumbersome process and requires them to win the case—an outcome that is far from guaranteed.

However, keep in mind that this is still a possibility. Reports suggest that private parking companies are increasingly choosing this route.

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).

If the company opts to pursue legal action against you for this amount, it typically falls under small claims court jurisdiction (though there’s no absolute certainty). This generally means the maximum outcome would be a judgment requiring you to pay the debt, and the company might recover court fees (which range from £25 to £410 initially, with additional costs if a hearing is involved). However, other expenses are usually not recoverable.

Instead of traditional courtrooms with judges in robes, many claims are processed online, which streamlines the procedure to primarily involve paperwork. The focus is largely on completing forms—refer to the Small Claims Court guide for further details.

2. The no-nonsense approach – tell ’em you won’t pay

With this strategy, you won’t be following the parking company’s appeal process. Instead, you’ll treat the ticket like any other bill and respond to the company in a polite but firm manner, explaining why you believe the charge is unjust and why you won’t be paying it.

While this method is entirely valid, it is best suited for those who are confident and ready to challenge the system. In the worst-case scenario, you might need to be prepared to go to court, as the parking company’s only alternative to its complaint process is to pursue legal action against you.

Often, the company might not choose to escalate the matter—your approach could simply cause the issue to disappear. However, there’s no certainty in this, so it’s important to be ready for any outcome.

How to take the no-nonsense approach, including free template letter

If you choose to take this approach, just send a letter to the company detailing your objections to the unjust charge. Be sure to outline your reasons clearly, but steer clear of including any information that could potentially be used against you or the driver. You can use the template letter provided below as a guide.

FREE template letter: Dispute a private parking ticket 

What reasons can I give to dispute a ticket?

There are several reasons you might want to contest a parking ticket, but here are four of the primary ones:

• You didn’t break any rules. If you didn’t do what the ticket claims, then it’s been wrongly issued, eg, if you DID pay correctly.
• There was no signage, or insufficient signage. The foundation of the ticket is that you consented to the terms outlined in the notice. For instance, if a prominent sign stated: ‘Parking: £50 per hour, £100 fine for non-payment’ and you saw it before parking, it’s considered that you agreed to those terms. However, if you did not notice the sign, you could not have accepted its terms.
• 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. To ensure signage effectiveness, it must be clearly visible from every part of the car park. If the signs do not meet this criterion, you can decline to pay based on this issue. However, it’s crucial to take photographs of the signs to provide evidence if necessary.
• You weren’t on private land. Incredibly, such a situation can indeed arise. If you were not parked on private property—perhaps you were on a public road or in a council-operated parking lot—then you should contest any payment requests. Ensure you take photographs of your vehicle and the surrounding environment to clearly demonstrate that you were parked outside the landowner’s domain.
• Are there mitigating circumstances? If you acknowledge that you parked improperly but believe there are valid reasons that justify not paying the fine, be sure to explain them clearly. For instance, you might have been dealing with an emergency or your vehicle might have experienced a breakdown. Refer to a list of common justifications for such situations.

Can I argue the charge is too much?

Previously, this was a key reason to contest a ticket, but challenging it on these grounds has become significantly harder since the Supreme Court’s 2015 ruling on ‘excessive’ fees.

3. The appeals approach – do it ‘by the book’

Currently, there are two separate trade organizations representing private parking companies, each with its own independent appeals process.

For many, this is the conventional and straightforward method. If you’re hesitant about a full-blown dispute but still wish to contest an unjust ticket, this approach is the simplest and most secure option. It ensures that you won’t face legal action (unless you refuse to pay after the process).

However, it’s important to recognize that by opting for this appeals process, you are implicitly acknowledging the validity of both 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

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.

Enhance your likelihood of success by presenting all the evidence you’ve collected to back up your case and providing a clear explanation for your appeal (you can refer to the letter below for assistance). If you prevail, the ruling will be final for the parking company, meaning they should cease any further pursuit.

FREE template statement to cut and paste: Appeal to Popla and the IAS

During the period from October 1, 2019, to September 30, 2020, out of the 58,522 appeals processed through Popla, 41% ended with parking charges being annulled. Although the IPC does not release success rates, between October 1, 2020, and September 30, 2021, the Independent Appeals Service handled 18,319 disputes, with 21% of these being “discontinued” by private parking operators, resulting in the cancellation of charges.

What are my options if my appeal’s rejected?

If your appeal is unsuccessful, you must decide whether to pay the fine, challenge the company, or disregard the ruling and do nothing. According to both the BPA and IPC guidelines, the full parking charge should be settled within 14 days.

Should you contest the decision, the operator would still need to initiate court proceedings to enforce the ticket, and there’s no certainty that they will do so.

In the event that the case does go to court, for an amount of this magnitude, it typically falls under small claims, though this is not guaranteed. This means the worst outcome usually involves being ordered to pay the fine and potentially covering court fees, which can range from £25 to £410, with additional costs if a hearing is held. However, other expenses are generally not awarded.

It’s important to remember that the court might consider your previous appeal rejection, which could make winning the case more challenging.

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

Certain zealous advocates for parking rights contend that you should either ignore the ticket or avoid any interaction with the issuing company.

If the company that issued the ticket is not affiliated with a trade association, it is unable to request your details from the DVLA.

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.

What if the firm keeps chasing me?

If a company persists in contacting you, you have the option to either maintain a confrontational stance or switch to a different strategy outlined below.

Should you choose to remain confrontational, you must make it clear to the company that dealing with you will be a challenging process. A parking company lacks the authority to compel you to settle an invoice unless they decide to pursue legal action, which is both inconvenient and uncertain, as they would need to win the case.

Nonetheless, keep in mind that legal action is still a potential outcome. There have been reports indicating that private parking firms are increasingly opting for this approach.

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).

If the company decides to take legal action against you, it’s likely to be through a small claims procedure, especially for an amount of this magnitude. Typically, this means the worst-case scenario is that you’ll be required to pay the sum in question, and the company might also recover court costs, which can range from £25 to £410 initially, with additional fees if there’s a hearing. However, other expenses are generally not reimbursed.

Remember, small claims court is quite different from a crown court—there’s no elaborate courtroom setup with judges in robes. Many claims are submitted online, meaning the process is largely handled through paperwork. It’s primarily about completing forms rather than presenting elaborate arguments. Nevertheless, if you do find yourself in court, it’s important to be well-prepared and understand the arguments in advance. For detailed information on how the court system operates, consult the Small Claims Court Guide.

2. The no-nonsense approach – tell ’em you won’t pay

We recommend this strategy for most situations. Instead of adhering to the parking company’s prescribed procedure, consider treating the ticket as you would any other invoice. Write a polite yet assertive response to the company, stating that you will not be paying and explaining why you believe the charge is unjust.

In your letter, outline the reasons for disputing the charge, but be cautious not to include any information that could be used against you or the driver. The template letter provided below can assist you in drafting your response.

FREE template letter: Dispute a private parking ticket 

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 foundation for the ticket lies in your acknowledgment of the notice’s terms. For instance, if there was a prominent sign stating: ‘Parking: £50 per hour, and you’ll incur a £100 fee if payment is not made,’ and you noticed it before parking, it’s considered that you agreed to these terms. Conversely, if you didn’t see the sign, you couldn’t have consented to its terms, so it’s important to collect evidence in such cases.
• You weren’t on private land. If you were parked on public property—like a public road or a council-operated parking lot—then you should refuse to make any payments. Document the situation by taking photos of your vehicle and the surrounding area to clearly demonstrate that you were not on private land under the landowner’s control.
• Are there mitigating circumstances? If you acknowledge that your parking was improper but believe there are valid reasons why you should not be required to pay the fine, provide an explanation for these circumstances. Examples might include responding to an emergency situation while your vehicle was parked or experiencing a breakdown. Consult a list of common mitigating factors for reference.

Can I argue the charge is too much?

Previously, this was a primary basis for challenging a ticket. However, arguing this point has become significantly more challenging following the 2015 Supreme Court ruling on ‘excessive’ fees.

Can I be taken to court?

Although this strategy is entirely valid, you should be ready for the possibility of court action if you refuse to make payment, as the only recourse for the company in such a case would be legal proceedings.

Often, the company may not pursue this route. Simply choosing to follow this strategy might resolve the issue, but it’s important to note that there are no absolute assurances, and a court appearance remains a potential outcome.

Additionally, keep in mind that the company has opted not to be part of a trade association with an independent appeals process, which means your options are more limited.

3. The firm’s own appeals route – we DON’T suggest this

The parking company might have its own appeals process, which could be outlined on the back of the ticket. Another option is to contact them directly and present your case.

However, it’s important to note that this company has opted not to be part of a trade association that offers impartial appeals procedures. This raises concerns about the fairness of their process.

Choosing this route implies that you accept the legitimacy of the ticket. Therefore, we recommend sticking with the straightforward approach mentioned earlier.

The technical route: check if your ‘Notice to Keeper’ is flawed

If you believe a company has failed to adhere to proper regulations, you have the option to contest a parking ticket.

In England and Wales, for private parking tickets, the responsibility falls on the vehicle’s owner rather than the driver. Consequently, parking companies frequently issue a ‘Notice to Keeper’ (a formal parking charge notice) to the car’s registered owner.

You may receive this notification in the mail for one of two main reasons: either you were captured on camera (and didn’t receive a ticket on your windshield), or a ticket was placed on your windshield, and it has either gone unanswered or the vehicle owner wasn’t notified.

There are established guidelines for how Notices to Keepers must be issued and formatted. However, companies occasionally make mistakes in this process. When they do, there’s often an opportunity to challenge the notice on a technicality.

This advice comes from experienced forum members who have extensive knowledge in contesting unjust parking fines. Here’s the recommended course of action:

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 discover that the parking company has made an error, this can be valuable evidence for your appeal. Start by writing directly to the company (their contact information should be on the ticket) and inform them that, since they did not adhere to the Notice to Keeper regulations outlined in the Protection of Freedoms Act, you will not be paying the fine.

Step 3. If it dismisses your appeal, go to the trade body (if you can)

If the parking company is affiliated with a trade association such as the BPA or IPC, you have the option to pursue the independent appeals process outlined above. In your appeal, you should highlight any errors found in the Notice to Keeper and request that the charge be annulled.

Step 4. What if the trade body disagrees or there isn’t a trade body?

The key issue here is determining how far you’re willing to go. The company might persist in pursuing payment. If you’re confident in your position, you can hold firm, but you should weigh whether you want to endure the associated hassle and stress. Should the company choose to escalate the matter, taking it to court would be their only recourse, although they might not necessarily follow through with that action.

In the event that the case does proceed to court, it would typically be classified as a small claims matter, especially given the amount involved. Although there’s no absolute certainty, the most you would usually face is a judgment to pay the amount due, along with the possibility of the company recovering court fees. These fees can range from £25 to £410 initially, with additional costs if a hearing is required, but generally, you wouldn’t be liable for any extra costs beyond that.