Receiving a parking ticket can be a frustrating experience, especially when it’s from a private parking company. Many drivers wonder whether these “fines” are actually enforceable. At KhanMather Solicitors, we understand the confusion surrounding this issue, and we’re here to provide clarity.
What’s the Difference Between a Council Fine and a Private Parking Ticket?
It’s crucial to distinguish between a Penalty Charge Notice (PCN) issued by a local council or authority and a Parking Charge Notice issued by a private company.
• PCNs are statutory fines for breaches of traffic regulations on public land and are legally enforceable.
• Private parking tickets are essentially invoices for an alleged breach of contract on private land.
Are Private Parking Tickets Legally Enforceable?
Private parking companies operate on the basis of contract law. When you park on private land, you implicitly agree to their terms and conditions, which are usually displayed on signage. If you breach these terms (e.g., by overstaying or parking outside designated areas), the company can issue a Parking Charge Notice.
While these tickets aren’t “fines” in the same way as PCNs, they can be enforced. The parking company can pursue the matter through the civil courts, typically the small claims court, to recover the money they believe is owed.
Key Factors Affecting Enforceability:
• Clear Signage: The terms and conditions must be clearly displayed with adequate signage.
• Genuine Pre-Estimate of Loss: The charge must reflect a genuine pre-estimate of the loss the company incurs due to the breach of contract. Excessively high charges may be challenged.
• Adherence to Industry Codes: Most reputable private parking companies are members of trade associations like the British Parking Association (BPA) or the International Parking Community (IPC) and must adhere to their codes of practice.
What Should You Do If You Receive a Private Parking Ticket?
1. Check the Signage: Review the signage at the location to ensure the terms and conditions were clearly displayed.
2. Gather Evidence: If you believe the ticket was issued unfairly, gather any evidence you have to support your case (e.g., photos, witness statements).
3. Contact the Parking Company: Contact the company to explain your reasons for disputing the ticket.
4. Appeal to the Relevant Trade Association: If the company is a member of the BPA or IPC, you can appeal to their independent appeals service (POPLA or IAS).
5. Seek Legal Advice: If all else fails, seek legal advice from a solicitor specializing in parking law.
How KhanMather Solicitors Can Help
If you’ve received a private parking ticket and are unsure of your rights or need assistance with an appeal, KhanMather Solicitors can help. Our experienced solicitors can:
• Assess the validity of the Parking Charge Notice.
• Advise you on the best course of action.
• Assist you with the appeals process.
• Represent you in court if necessary.
Don’t ignore a private parking ticket. Contact KhanMather Solicitors today for expert legal advice on 0161 850 9911.