Private parking tickets on private land
Private companies issue a PARKING charge notice, but they are unable to levy a FINE against you.
In supermarket and private car park scenarios, the tickets may resemble parking fines. However, they are not a local authority Regulation 10 Penalty Charge Notice (PCN); instead, they are referred to as a Parking Charge Notice.
Private car parks typically use Automatic Number Plate Recognition (ANPR) cameras to record vehicle registrations upon entry or exit. Upon entering, individuals input their registration details into a machine to purchase a ticket. Failure to purchase a ticket, entering an incorrect registration, or overstaying results in the registered keeper receiving a demand via post.
The parking company obtains the name and address of the registered keeper from the DVLA and subsequently issues a "parking charge notice."
The Law:
Regulation 27(1) and (2) of the Road Vehicles (Registration and Licensing) Regulations 2002 states:
The legislation concerning the recovery of parking charges on private property is outlined in paragraphs 4 to 12 of Schedule 4 of the Protection of Freedoms Act 2012.
The law only requires the parking company to give notice to the keeper to tell the driver and give the notice to him.
The Law:
Paragraph 9(2) of Schedule 4 of the Protection of Freedoms Act 2012 states:
Just like with a local authority PCN, a parking company cannot compel the registered keeper to settle the charge if the driver's information is unknown.
Should the driver choose not to pay, the registered keeper will receive a sequence of letters, each progressively more assertive than the last. These communications may lead to no further action, or they may escalate to court proceedings, resulting in the receipt of a Defendant's Response Pack.
Always defend it:
Example defence statement:
The parking company remains responsible for their solicitors' fees regardless of the outcome of the claim.
Engaging in a contested claim is not financially viable for a parking companyParking companies depend on your failure to contest the claim, leading to a default judgment. Should this occur, the process of applying to overturn the judgment is challenging. The verdict in the case of ParkingEye Limited v Beavis [2015] UKSC 67 ruled a parking fine is neither extravagant nor unconscionable.
The Department for Transport released official guidance on official guidance on private parking tickets on 01 October 2012.