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Private Parking Tickets (on Private Land)

 

Private parking companies CANNOT fine you.

They make then look like a local authority  regulation 10 Penalty Charge Notice  (PCN), but called a Parking Charge Notice

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

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 Defendant's Response Pack.

The burden of proof lies with the parking company.

Make them prove their claim, if they cannot, the claim dies.

TEMPLATE

 

When a parking company starts legal proceedings, they will always be liable for their solicitor's fees regardless of the  outcome of the claim. That is the risk the parking company  takes when starting legal action.

That makes a defended claim is commercially uneconomical for parking companies.

Parking companies rely on undefended  claims and getting default judgments

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, but a commercial contract between two companies. The parking company and The Ombudsman Service Ltd  trading as POPLA (Parking on Private Land Appeals) . The latter stand as arbiter in parking charge disputes.

Clamping

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