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How to appeal a private parking ticket

How to appeal a private parking ticket (also know as a Parking Charge Notice)

 

We suggest that you read our sections parking charge notices and enforcement procedure before using this section.

 

Received a private parking notice?

 

Timescales:

 

Parking charge notice placed on vehicle or sent to vehicle keepers or vehicle hirers.

If the parking charge notice is sent by post the parking company must send this to you within 14 days of the alleged breach

You have 28 days from the date that you received it.(whether placed on your windscreen or received in the post) to pay the parking charge notice, challenge it or provide the details of who the driver was at the time.

If you pay within 14 days the parking company must offer you a discount of at least 40%.

If you do not pay or challenge it within 28 days the parking company may take further action.

If the parking charge is not paid within 28 days or if the breach of regulations is captured by CCTV a notice to keeper can be sent to the registered keeper of the vehicle.

 

NOTE: If you provide the parking company with details of the actual driver you can no longer be pursued by them and they must pursue the actual driver if they want settlement of their parking charge.

NOTE: If the parking enforcement company rejects your challenge then they must clearly set out in their rejection letter how you may appeal to the “independent” appeals service.

 

If you do not take any of the steps above the parking company may issue a notice to keeper and then take subsequent steps to recover the charge. If you make a challenge and they reject it you can appeal to the private parking appeals service.

For full details of the enforcement procedure please see our section enforcement procedure accessed from the left hand menu near the top of the page.

 

Appealing to the new “independent” parking appeals service.

P.O.P.L.A (PARKING ON PRIVATE LAND APPEALS) www.popla.co.uk

You can only use the service if you have already appealed to the parking company who issued the ticket to you and they have rejected it. We strongly recommend that you use the service if you are not satisfied that the parking company have handled your initial appeal correctly. Do not be intimidated by any threatening letters which the parking company send. Once you have lost the discount offered you have nothing to lose by appealing.

You must appeal within 28 days of the rejection by the parking company.

The service is free to motorists so you probably have nothing to lose but will cost parking companies £27 each time a motorist appeals!

P.O.P.L.A does not allow personal hearings. We think it is the right of every citizen to be able to present their case personally. They accept postal and emailed appeals only.

Motorist’s appeals will not be handled by an adjudicator rather an “assessor” For issues which an “assessor” must consider and grounds for appeal please see our comprehensive section below.

If an assessor finds in your favour the parking company must cancel the parking charge however if your appeal is refused it is not binding on you. You do not have to pay it as you still have the option to go to court or to defend a case brought against you by the parking company in the county court. There have been a few court cases and these are summarised in our court cases section.

We are very concerned at the independence of POPLA having looked at the grounds for appeal on their website.

We would be delighted to hear from motorists who use the new service with details of the decisions that have been made. This will help us assist other motorists.

In considering appeals, POPLA is able to consider whether a landholder or parking company acting on his behalf has behaved reasonably. This includes whether any parking charges are based on a genuine pre-estimate of loss. POPLA can also consider whether the landholder has complied with the BPA’s Code of Practice, and inform the BPA of any suspected breaches so they may take appropriate action.

POPLA may also refer cases back to the landholder where it considers the landholder has failed to take reasonable account of evidence of reasonable mitigating circumstances which has been presented by the driver or registered keeper.

 

The Parking Charge Notice

If a contravention is detected remotely such as by cameras the parking charge notice must be sent to you within 14 days from the date of the alleged contravention.

If the driver/keeper wishes to appeal against the ticket he/she must make representations to the landholder within 28 days of the date of the ticket. Details of how to make representations must be included on the ticket.

. As a legal minimum the Parking Charge Notice must say:

when and how the parking offence took place;

how much is due;

what any discount is for prompt payment of the charge;

how,when and to whom payment may be made;

the time and date when the notice was issued; and

what the arrangements are for the resolution of disputes or complaints – this includes any internal arrangements offered by the parking operator as well as any independent appeals process.

The parking charge notice must also include –

A unique reference number

The vehicle registration number

The make of the vehicle

Why the ticket was issued

A detailed location of the vehicle

An identifier number of the warden who issued the ticket

The operators company registration number

Details of payment methods and where and how challenges can be sent

A statement saying that the parking company will ask the DVLA for details of the registered keeper.

Any additional charges which may be levied.

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BELOW YOU WILL FIND INFORMATION ON THE SIGNAGE WHICH MUST BE IN PLACE AND OTHER INFORMATION INCLUDING, MOST IMPORTANTLY, THE RULES GOVERNING THE LEVEL OF PARKING CHARGE. THIS IS MOST IMPORTANT AND MEANS THAT A SUBSTANTIAL NUMBER OF TICKETS ARE INVALID. INDEED WE HAVE ASSISTED TWO MOTORISTS IN THE LAST MONTH BOTH OF WHOM HAVE HAD THEIR TICKETS QUASHED BY THE ADJUDICATOR WHO SAID THE £100 CHARGE AMOUNTED TO A PENALTY (WHICH IS ILLEGAL).

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