Private parking tickets on private land

Private parking firms CANNOT fine you. Tickets at supermarkets and private car parks appear as parking fines. They are not a local authority regulation 10 Penalty Charge Notice (PCN).

Private car parks take your vehicle registration using ANPR when you drive in and when you exit. You enter your vehicle registration into the machine when you buy your ticket. If you don't buy a ticket, enter a wrong registration or overstay, the registered keeper receives a demand through the post.

The parking company under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002, gets the name and address of the registered keeper from the DVLA and sends a "parking charge notice".

Paragraph 9(2)(f) of Schedule 4 of the Protection of Freedoms Act 2012 only requires the registered keeper to tell the driver and give the notice to him.

Unlike a local authority PCN, there is no statutory power enabling parking companies to force the registered keeper to give the name and address of the driver. The law gives the parking company a power to invite the registered keeper to give the name and address of the driver. Regulation 9(2)(e) of Schedule 4 of the Protection of Freedoms Act 2012.

If the driver does not pay, the registered keeper will receive a volley of letters, threatograms, each one more aggressive than the previous. They might come to nothing, they MAY take you to court and you will receive a Defendants Response Pack.

 

You MUST defend it:

 

The Defendant is the registered keeper of the vehicle and not the driver attracting the charge. The Defendant has complied with his obligation under Paragraph 9(2)(b) of Schedule 4 of the Protection of Freedoms Act 2012 by telling the driver he is required to pay the parking charge which discharges the Defendant's liability for this claim.

 

When a parking company starts legal proceedings, they will always be liable for their solicitors fees regardless the outcome of the claim.

A parking company pursuing a defended claim is commercially uneconomical.

Parking companies rely on you not defending the claim and getting a default judgment against you. If that happens, you cannot apply to set the judgment aside because you do not have a reasonable defence. The judgment of ParkingEye Limited v Beavis [2015] UKSC 67 ruled a parking fine is neither extravagant nor unconscionable.

 

 

 

Appeals

This is not a statutory process, its a commercial agreement between two companies. The parking company and The Ombudsman Service Ltd trading as POPLA (Parking on Private Land Appeals). The latter agrees to stand as arbiter in parking charge disputes.

Here is the Department for Transport official guidance on private parking tickets issued on private land from 01 October 2012.

Defend it.

 

 

 

 

Clamping

Clamping of motor vehicles on private land is a criminal offence section 54 of Chapter 2 of the Protection of Freedoms Act 2012.

 

 

 

 

 

Example Parking Charge Notice issued before 01 October 2012: - designed to imitate a regulation 9 Penalty Charge Notice as amended in 2007

 

 

First Reminder - about 30 days after the event

 

 

Second Reminder about 80 days after the event

 

 

Third reminder about 120 days after the event

 

 

Then nothing.

 

 

Appealing a private ticket could be a waste of time. It will be always rejected because the private parking ticket industry is in business to make profit.