Parking penalties are always an annoyance, all the more so when you're convinced they are unjustified. Should you be unlucky enough to find one of those dreaded black and yellow notices stuck to your windscreen, you do have options and it may be wise to consider them before paying up.
We've prepared a guide to help you fight the good fight.
Reality check
The first thing you should ask yourself is whether or not the penalty actually is unfair. If you simply parked without bothering to pay then, unless you can find a procedural loophole to crawl through, you may be best advised to simply pay the charge. That said, even if you should have paid, there can still be circumstances in which the penalty is unfair.
Should you risk ignoring or challenging the penalty?
Firstly, be aware that the law recognises the right of landowners to levy and enforce parking charges. This principle has been upheld in court rulings and at subsequent appeals. So, both local authority parking charges and private parking charges are considered legitimate in the eyes of the law.
Only you can decide if you want to fight the charge. Challenging a penalty can be a stressful, frustrating process that takes up time and can cost money. Appealing a penalty charge can (although usually shouldn't) mean that you lose the chance to pay early at a discounted rate. You must ask yourself whether you'd rather fight an unfair charge or opt for the peace of mind that may come from early payment of a reduced penalty.
Unless the charge is genuinely unfair or inappropriate, the only thing likely to work as defence is mitigation. If there were circumstances beyond your control that caused you to park incorrectly, or for longer than expected, then that may be accepted as a reason for withdrawing or reducing the charge.
Ignoring a ticket
- Never ignore official (police or council) parking charges. Official bodies will pursue you for payment and any delay in paying or appealing can mean you'll have to pay more.
- You may decide to risk ignoring a private parking charge notice if you haven't provided the operating company your name and address. They will probably not be able to get the information to pursue you without that information.
If they do somehow get your contact information, and send you anything through the post, then you should pay or appeal promptly as it means they have the required information to take you to court.
Key tip: Don't pay up too quickly. If you are going to challenge the charge, don't pay the charge before doing so. Paying the penalty is likely to constitute an admission of liability. If you appeal within the allowed period for doing so then, in most cases, you will still have an opportunity to pay a reduced charge in the event of your appeal being rejected.
Paying early at a reduced rate is usually an option
Discounts or lower penalties for early payment are a blend of carrot and stick. On the one hand, if you pay early, you'll usually pay less and the matter will be settled quickly. For many, that's a strong incentive. On the other hand, we have the stick: if you don't pay up now, it'll cost you more.
What makes a charge unfair or inappropriate?
Factors that may mean a parking charge is questionable may include:
- faded or unclear bay markings;
- misleading signage;
- unclear wording on signage;
- missing or obscured signage (eg. hidden by foliage from an overgrown hedge);
- faulty barrier or other obstruction preventing you from leaving the car park on time;
- being blocked in by another vehicle;
- no functioning payment method (machine, app, attendant), and no sign saying not to park if payment methods aren't available;
- procedural issue, either with the way the charge was issued, or with the parking restriction itself;
- for example, if a local council made an error and put double yellow lines in the wrong location.
What mitigation might get me off the hook?
Here is a non-exhaustive list of possible mitigating factors that may persuade the car park owner to reconsider a charge or penalty.
- Your car was broken down and couldn't leave the car park under its own power.
- Your car was stolen at the time and you were not the driver.
- You were unavoidably delayed by illness, injury or some other misfortune.
- You were delayed by helping to deal with an emergency (someone else's illness, accident etc).
- You did pay but the ticket you should have displayed fell off the dashboard and became impossible for the attendant to see.
- You were distressed or traumatised and not thinking clearly (bereavement etc).
Where's your evidence?
Evidence is key to any challenge. It gives you leverage when seeking to dissuade the issuing authority from pursuing the case and, where they persist, it helps you to make your case to an ombudsman or a court. Evidence can take many forms, for example:
- tickets issued at the time of parking, or photos of the tickets as you displayed them on your dashboard;
- notifications or receipts from parking apps;
- photos of your car's position in a parking bay;
- photos of the car park's signage, preferably in a context that might show any obscuring items such as foliage etc;
- photos of indistinct or unclear bay markings;
- statements or contact details from witnesses or other users who may have encountered problems at the same time as you;
- proof of mitigating circumstances, such as a breakdown, or if you were blocked in by another vehicle etc;
- anything else that strikes you as relevant.
Some people even make a point of routinely snapping pictures of their parking permit or ticket on display whenever they use a car park, especially in car parks with a reputation for flawed or heavy-handed enforcement.
Challenging your parking charge
Firstly, figure out if you got an official or private penalty notice
Tickets issued by official bodies like local authorities and the police will usually be called Excess Charge Notice (ECN), Penalty Charge Notice (PCN) or Fixed Penalty Notice (FPN). The ticket will identify the authority that issued it.
If your ticket is called something different, and/or doesn't bear the name of the issuing authority, it was probably issued by a private company. Apart from obvious privately owned car parks, private parking companies often operate the car parks at hospitals, retail parks, supermarkets and similar locations. Tickets issued by these companies are often called a Parking Charge Notice.
If you are uncertain, then use any contact details on the ticket to check, or contact your local authority and ask who operates the car park.
Key tip: Private parking tickets are often made to look official even though they're not Parking Charge Notices from private companies are often designed to intimidate. They may be made to look very similar to tickets issued by councils and the police. Examine your notice carefully to be certain you know what type it is.
Challenging an official penalty
Challenging an official penalty
- your local council for an Excess Charge Notice or Penalty Charge Notice (These are the tickets you might get in a council car park, or parking at the side of a street);
- the police for a Fixed Penalty Notice. This may be issued if you have parked in a dangerous or obstructive manner, or if you parked on a route, or in a zone or area, where police manage the parking.
If you decide to pay the charge for an ECN or a PCN, you should be entitled to a 50% discount if you pay within 14 days. If the ticket was sent by post, you should have 21 days to pay at the discounted rate.
Remember: if you pay the charge, you won't be able to appeal later. If you want to challenge a council-issued ECN or PCN, it’s important to do it quickly. If you register the appeal within 14 days of getting the ticket, you should still be able to pay at the discounted rate if the challenge fails.
Challenging a council-issued ECN or PCN
- Identify the relevant authority
This information should be on the ticket along with details of where you should direct your appeal.
- Check the appeals procedure for your council
Some have the option to appeal online. In this case, follow the steps as shown on the website. If the council requires you to submit your appeal by post, then check the procedure and follow it closely, paying particular attention to the address and postcode, and making sure you affix the correct postage stamps to ensure delivery.
- Prepare your letter (if submitting by post)
Include the notice number and your name and vehicle registration. Include as much information and detail as you can about the location and date the charge was issued and your reasons for challenging it. Include as much evidence as you can in support of your challenge (see the "Where's your evidence" section above), and/or explain any mitigating circumstances.
- Await the council's decision
If the appeal is successful the charge will be cancelled. If it is not successful you may either choose to pay at the discounted rate for prompt payment, or you may appeal the decision by continuing to step 5 below.
- If your appeal is unsuccessful Check the appeal process information given by the council
If you cannot find or understand the information, contact the council promptly and ask for clarification about the appeals process. Your appeal will most likely need to be sent to:
England and Wales: Traffic Penalty Tribunal
London: London Tribunals
Scotland: The Scottish Parking Appeals Service
Northern Ireland: Northern Ireland Traffic Penalty Tribunal
- Await the tribunal's decision
If you win, then obviously you will not have to pay.
If you lose you will have to pay the full amount of the charge without discount.
There is also a possibility that the case may be adjourned until a later date.
Challenging a police Fixed Penalty Notice
-
Identify the force that issued the notice.
- Prepare a letter to the relevant police force
Include the notice number and your name and vehicle registration. Include as much information and detail as you can about the location and date the charge was issued and your reasons for challenging it. Include as much evidence as you can in support of your challenge (see the "Where's your evidence" section above), and/or explain any mitigating circumstances.
- Send your appeal letter
Address it to the Central Ticket Office closest to where your notice was issued. Ensure you have included all necessary information and affixed the correct postage.
-
Await the police's decision
- If your appeal is unsuccessful
Challenge the penalty in court
If your informal appeal is rejected, your only option will be to go to magistrates' court. This can be expensive as you may have to pay for legal advice and, if you lose, you will also have to pay court costs. You will, of course, also have to pay the full penalty charge. Be very sure before deciding to go to a court hearing.
Challenging a private parking charge
Firstly, find out if the company is a member of an Accredited Trade Association (ATA), and if so, which ATA. If this information is not on the ticket, use any phone number, email address or web URL that may be on the ticket to check. If there is no effective contact information, contact your local council to see if they can identify the operator at the relevant location.
Key tips: If the company is not a member of an ATA, and you don't hear from them through the post, consider ignoring the charge A parking charge notice or other privately issued ticket isn’t a fine. A private company cannot harm your credit record or send bailiffs unless they take you to court and win. The only legal way a private company can pursue you for payment is through the courts. If the company does not have your name and address, they will not be able to take you to court. If the car park operator is a private company and is not a member of an ATA, DVLA will not release driver or keeper details to them.
Challenging your private parking charge
- If you have decided to appeal the charge, prepare your appeal letter
Include the notice number, details of the location and date the charge was issued and your reasons for challenging it. Include as much evidence as you can in support of your challenge (see the "Where's your evidence" section above), and/or explain any mitigating circumstances. If your evidence or mitigation seem compelling, the company may not wish to go to court.
- If your appeal to the parking company is unsuccessful
Appeal to the relevant accredited trade association Depending which accredited trade association the company belongs to, appeal to British Parking Association (BPA) and/or International Parking Community (IPC). Provide the same information as you included in your appeal letter..
- Await the appeal decision
