About Your Parking Charge Notice

Before you use our appeal service, please read our guide below will show you how to challenge a parking charge notice issued on private land. Remember, it is the parking company who must prove that a parking charge was issued correctly.

Important note: Every parking charge notice issued in the UK must be issued correctly, If not then the vehicle keeper is not liable for the parking charge.

What this means is that, the parking company must issue parking charge notices correctly, if they fail to do so, then the parking charge must be cancelled.

Are parking charges enforceable ?

A parking charge notice must be issued according to Protection of Freedom Act 2012 Schedule 4 (POFA 2012) requirements, meaning that the parking company has to meet 4 key requirements before they can make the vehicle keeper liable.

If the parking company fail to comply with the 4 conditions, then the parking charge is not enforceable and you can win your case.

The four conditions required under POFA 2012

The four conditions of POFA 2012 are:

The parking company has authorisation from the landowner to issue parking charges
The parking company has issued the parking charge correctly
- A parking charge must show the duration that the vehicle was parked
- A notice to keeper must be sent within 14 days
- The notice must mention the wording required in POFA 2012
The parking company has to show proof they obtained your details from the DVLA
The parking company must display signage clearly at the car park and be displayed according to BPA and IPC requirements stated in their code

If the parking company doesn’t follow these four conditions, then the parking charge notice is invalid.

Why was POFA 2012 introduced ?

It was introduced primarily because parking companies wanted a way to make people liable for parking tickets if they meet the four conditions.

This law was rejected in Scotland and Northern Ireland, so if you don’t appeal a parking charge, nothing should happen.

Before 2012, parking companies could not make the driver or registered keeper liable for private parking tickets. What this means is that, if the driver didn’t pay or the keeper didn’t provide driver details, the parking company couldn’t take the case to court.

In 2012, after months of lobbying, the government introduced a piece of legislation called Protection of Freedom Act 2012 Schedule 4 which now says that if the parking company comply with the four conditions, they can make the registered keeper liable.

However, if the registered keeper then identifies the driver, then the law is no longer required.

This law is therefore the cornerstone of our appeal letter service, we use it wherever possible to get you out of your ticket.

Why you should never name the driver ?

However, the legal requirements can be voided if in your appeal, you make it clear that you were the driver. For example, parking companies encourage you to explain what happened because they know it will result in you voiding your legal rights. So you are encouraged to do it, examples on how people void their legal rights are::

You appeal as the driver
You write statements which show you were driving
You use words like I parked, I paid, I forgot, I displayed etc
You provide the driver information when the parking company ask for them
You select an option on the parking company’s appeal form

If you identify yourself as the driver, then the four conditions of POFA 2012 are void and you will no longer be able to use them. So even if the parking company fail to follow the legal requirements, you would be making your case even harder to defend.

How should I appeal ?

We have created the Parking Mate UK appeal letter service to make sure you don’t make any mistakes and to protect your legal rights.

Simply use our parking ticket appeal letter service to answer a few questions about your case and it will prepare your appeal letter. We will also provide relevant hints and tips so you know how to get out of your ticket.

Furthermore, we even provide instructions on how to send your appeal to POPLA or the IAS.

Write an appeal letter using parkingmateuk.com/app
Send your appeal to the ticket issuer
Give the parking company 28 days to respond to your appeal
If your appeal is rejected, send the appeal to the tribunal

How to submit your appeal

When submitting your appeal, it is important to make sure that you do not make the mistake of revealing the driver’s identity unless you intend to.

If you use our appeal service, we will provide step by step instructions on how to submit your appeal.

However, here are the important things to keep in mind:

Visit the parking company’s appeal website
Appeal as the registered keeper
Add the comment “please see attached appeal letter”
Attach the PDF letter from Parking Mate UK
Enter your details and submit

The parking company will have 28 days to respond to your appeal.

What happens after your appeal is sent ?

After your appeal is sent, this is what happens:

The parking company have to put your case on hold
This means the current amount due will be frozen at the current rate
You should receive a response to your appeal within 35 days
The 28 day period will restart once you appeal is rejected
You will be given instructions on how to appeal to the tribunal

If the parking company ask for the driver details in this time, you should not provide them because if you rely on legal reasons, you will certainly weaken your case by providing the driver information.

What if your appeal is rejected ?

The adjudicator will explain why your appeal has been rejected and give reasons in detail.

As long as you did not reveal the driver, the requirement is still to make sure the parking company has met the four conditions.

If the parking company has not met the four conditions, then the parking charge is still invalid.

You should follow the instructions provided in our guide to send the appeal to the tribunal.

What if you are not treated fairly ?

If you feel that you have been treated fairly, there are a number of things you can do to try and get the situation resolved.

Option 1: Complain to the landowner/retailer

If you were a customer or the car park is owned by a retailer, you can either send a message on visit the store, message them on Twitter or send the ceo an email with a complaint.

For example, if your parking charge was incurred at Tesco, Sainsburys, A hotel or place of business, you should contact them as soon as possible to make a complaint.

Sometimes, the landowner can ask the parking company to cancel the parking charge without taking any further action.

However, to appeal using this route, you often need to reveal if you were driving, so please use this option sparingly.

Option 2: Complain to your MP

Members of Parliament can write on your behalf to the BPA or IPC. However, the reasons for writing to them must be a clear complaint where you have been mistreated.

Do not ignore the appeal process because the case will otherwise progress.

What does it mean ?

Appeal – the process of disputing a parking charge notice

Notice to driver – the parking charge notice issued by wardens and often put on the vehicle windscreen

Notice to keeper – the parking charge notice sent by post to the registered keeper of a vehicle registered with the DVLA

Appeal letter – a letter summarising why you dispute a parking ticket

Adjudicator – the lawyers who work for tribunals to assess appeals made by motorists at POPLA and the IAS.

About Parking Mate UK

This information applies to England and Wales only in relation to parking charge notices on private land. Parking Mate UK does not provide legal advice or perform legal services. We have tried to simplify the law on parking charge appeals and enforcement, don’t rely on this guide as a complete statement of the law.

If you have a complicated situation, we recommend seeking the advice and guidance of a solicitor or lawyer, our service is provided without warranty, guarantee or liability.

Government resources are used under the UK Government Licensing Framework.

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Parking Charge Notice

Q: The four conditions required under POFA 2012

The four conditions of POFA 2012 are: The parking company has authorisation from the landowner to issue parking charges The parking company has issued the parking charge correctly A parking charge must show the duration that the vehicle was parked A notice to keeper must be sent within 14 days The notice must mention the wording required in POFA 2012 The parking company has to show proof they obtained your details from the DVLA The parking company must display signage clearly at the car park and be displayed according to BPA and IPC requirements stated in their code If the parking company doesn’t follow these four conditions, then the parking charge notice is invalid.

How to appeal a new private parking ticket that has just been issued within 28 days.

How to Appeal Your Parking Charge Notice

If you have received a private parking ticket called “Parking Charge Notice” within the last 28 days, you don’t have to pay it right away. If you appeal and the appeal is rejected, you will still be able to pay the discount amount.

Appealing your parking ticket is now very simple and only takes a few minutes. We provide an app to write your parking ticket appeal letter to get your ticket cancelled. Simply answer a few simple questions and you will have a perfectly written letter in minutes.

Although this is not a fine and just an invoice, please remember, that if the parking charge notice is not paid, the parking company will follow the debt recovery process to claim their money and could take the case to a small claims court.

Private parking companies have 6 years to submit a county court small claim from the date of issue.

There are 3 simple steps to appeal your parking charge notice

What to include in your parking ticket appeal letter

Our app will guide you with writing the appeal letter and even generate a personalised guide for your appeal.

Explain why your parking ticket was issued unfairly
Attach your photo evidence to support your case
Select legal loop holes provided in the app

Parking Charge Notice Loopholes

Here are the appeal reasons to get your parking charge notice cancelled. Our app goes through a 50 point checklist to appeal your ticket.

1. Ticket Issued After 14 Days

If your parking charge notice was issued by post it must be issued within 14 days according to the law i.e. POFA 2012 in Section 9(5). It is important to also know that you can only use this appeal reason if you appeal as the registered keeper. If you make a mistake and mention that you were driving, the loophole is no longer available.

2. No Keeper Liability

If your parking charge notice does not mention that the operator is using POFA 2012 to transfer liability to you, then this means that the vehicle keeper can not be held liable for the charge. The operator can only transfer liability to the keeper if they use POFA 2012 Schedule 4. However, this only works if the operator doesn’t know who was driving.

3. The Parking Session Was Correct

If you receive a parking charge notice ticket after you visit a pay and display car park, but you bought a parking permit, you may be surprised that you have received parking charge, don’t worry, you have 10 minutes grace period at the end of every parking session over 1 hour.

Example Parking Session:

Arrived at the car park at 12:00
Paid for 2 hours parking from 12:05 to 14:05
And you leave the car park at 14:15

To successfully appeal the parking charge, you have to show the operator that you did not overstay because Operator rules allow for:

5 minutes of minimum consideration time
10 minutes grace period

4. You Paid For Parking

If you simply paid for parking and your ticket was not on display. You should provide a copy of the permit you had on the day as evidence. They should review the evidence and see that parking was paid for and cancel the parking charge notice. Simply use the same option provided on the app above and select “Yes”, provide your pay and display permit as evidence.

5. You Did Not Overstay

Yes, you can still get a parking charge notice even if you left the car park on time. If parking was allowed for more than 1 hour, then you have 10 minutes grace period to leave the car park at the end of your session. Simply summarise the driver’s time of parking as stated in section 3 above and you will be fine.

6. Signs were Not Clear

Signs play an important role in enforcing parking tickets. If the signs are not clear or visible, then you have a genuine defence to contest them. Signs must also be clear at night.

There are 2 types of signs which must be clear and visible at all times.

Entrance Signs must be big and show that the car park is private land
Signs showing Terms of Parking must be clearly displayed in the car park

The BPA rules state in section 19.3 that “Signs showing your detailed terms and conditions must be at least 450mm x 450mm“. If you find that the signs are small. Select the relevant option in our app to challenge them.

7. You were a Genuine Customer

Imaging visiting your favourite supermarket be it Tesco, Sainsbury’s or even a restaurant. You expect to spend more money with the retailer than with the car park.

If you do not have a legal loophole, you should consider talking to the retailer directly and asking them to step in. If you can visit them locally, take your parking ticket and proof of purchase with you.

All landowners have the power to cancel a parking ticket. Think of this way, what do you think would happen if the parking company issued a ticket to the store manager? Exactly, it would be swifly cancelled.

8. Use Your Voice on Social Media

You would be surprised at the power of Twitter, Facebook and Email to get tickets sorted.
Brand reputation is very important and a negative parking ticket experience is something they will often correct.

Send the retailer a message asking them to confirm how you can get your ticket cancelled.

Alternatively email the CEO and explain that you are a customer and need their help to get a ticket cancelled. You can find contacts and email addresses on the ceoemail website. Send them a message explaining your situation and you should see your parking ticket disappear.

9. You Can Name a Driver

This is not a loophole but the law says that if the vehicle keeper names a driver, the parking company has to pursue the driver. The driver can be based anywhere on earth because anyone who is legally allowed to drive could be given permission by the vehicle owner.

You are probably wondering, can they use CCTV images? The answer is NO. The images from CCTV can only be used to monitor vehicles entering and leaving car parks.

You should only do this if the person accepting liability understands this up front and knows how to appeal.

Parking Charge Notice FAQ

For New Parking Tickets

How long to appeal ?

You must appeal the parking charge notice within 28 days, if you do this, the operator must respond to your appeal before you can send it to the adjudicator at the IAS or POPLA. If the operator refuses to address your appeal because you are not the driver, keep appealing as the keeper as they have to comply with Protections of Freedoms Act 2012.

parking charges enforceable ?

The simple answer is YES and the longer you leave the private parking ticket, the harder it becomes to defend. At notice to driver and notice to keeper stage, the motorist must appeal to the operator first. If no appeal is logged, the notice will proceed to debt collection stage and then the operator may submit a court claim. Operators like Parking Eye, Vehicle Control Services issue court claims daily.

If you forget to appeal ?

If you do not appeal the parking charge notice and your appeal deadline lapses, the only way you can defend yourself is via a court. During the debt collection stage, the debt collector only wants payment and they rarely cancel cases or rule in your favour. We recommend not engaging with debt collectors unless to tell them you won’t pay.

How can we help ?

We can help you appeal parking tickets by either appealing on your behalf or you can use our service to write an appeal letter instantly. Our appeal letter writing service allows you to stress test each parking ticket and makes sure your ticket has been issued fairly. You can a tailored appeal letter specific to you and not a generic one.

Parking Mate UK