Parking operators must provide a process for appealing against a parking charge so long as the appeal is made within 28 days of the parking charge being issued.
Parking operators must respond to appeals within 28 days of the appeal being received. When considering appeals the parking operator must take in to consideration the factors detailed within the Appeals Charter of the Code of Practice. If an appeal falls within the remit of the appeals charter it may result in the parking charge being cancelled or reduced to £20 (if paid within 14 days).
From 1 October 2024 parking companies when considering your appeal must recognise the mitigating circumstances set out below. This may result in a reduction in the parking charge to £20 for 14 days. If you believe you meet the criteria you will need to provide evidence when appealing.
Examples of mitigating circumstances are given below:
(it is essential for you to provide appropriate evidence to reinforce the claims made that there were mitigating factors)
When a parking operator has considered your appeal, there are 3 potential outcomes:
1. Your appeal has been accepted and your parking charge has been cancelled.
2. Your appeal has been considered against the Appeals Charter and you have been offered the Reduced Settlement charge. The parking operator has considered the mitigating circumstances and offers you the ability to pay the parking charge for £20 on the proviso that:
· It is the first parking charge issued to the vehicle/permit for the specific contravention
· The £20 payment is made within 14 days
· No further appeal is made to the independent adjudicator (see point 3 below)
3. Your appeal to the parking company has been rejected – where your appeal is rejected, you will still have the ability to appeal to the independent adjudicator.
The independent appeals service for parking companies that are members of the IPC is the Independent Appeals Service (IAS) and for parking companies which are members of the BPA is Parking on Private Land Appeals (POPLA)
If you chose to appeal to the independent adjudicator you have 28 days to submit your appeal from the date of your appeal rejection from the parking operator.
For appeals to the independent appeal services there are 2 potential outcomes:
1. Your appeal has been upheld, meaning that they have found in your favour and your parking charge is cancelled.
2. Your appeal has been rejected, which means you will be required to pay the parking charge.
Adjudicators can only make their decisions based on whether the parking charge was issued correctly, and not on any mitigating circumstances.
If your parking charge appeal was rejected and you need to pay, then payment must be made within 14 days. If you don't pay in time then the parking charge may increase up to £70 on top of the original charge. If you still don't pay, then you may be pursued for the charge through the County Court.
If you receive a parking charge on your windscreen you should:
1. Review the notice to confirm the details match your visit.
2. Check that the parking company issuing the charge are a member of the International Parking Community (IPC) or the British Parking Association (BPA)
If the parking charge has not been issued by a member of the IPC or the BPA then they will be unable to access DVLA registered keeper details and therefore further pursue the parking charge. There is no requirement for you to pay or appeal the parking charge.
To check if the parking company is a member of an ATA, please visit the respective websites
You should think long and hard before providing your details to a company who is not an ATA member.
3. Decide whether to pay the charge, or appeal if you believe it was issued incorrectly. It is important that you do not ignore the parking charge.
4. If you are going to appeal that you:
· Gather evidence such as photos of the signage and your vehicle’s position.
· Follow the instructions on the notice that detail the appeal process.
· Ensure that you provide evidence to support your appeal.
5. If you are going to pay the parking charge, follow the instructions on the notice for making payments, remembering that the parking charge will be reduced by 40% if payment is made within 14 days.
If you receive a parking charge through the post you should:
1. Review the notice to confirm the details match your visit.
2. Decide whether to pay the charge, or appeal if you believe it was issued incorrectly. It is important that you do not ignore the parking charge.
3. If you are going to appeal that you:
· Gather any evidence that supports your case. Evidence may include payment receipts, invoices from the pay by smart phone provider, evidence of appointments etc.
· Follow the instructions on the notice that detail the appeal process.
· Ensure that you provide evidence to support your appeal.
4. If you are going to pay the parking charge, follow the instructions on the notice for making payments, remembering that the parking charge will be reduced by 40% if payment is made within 14 days.
You should not ignore a parking charge that has been issued by a member of the International Parking Community (IPC) or the British Parking Association (BPA).
You should always check to see if the parking charge has been issued by an IPC or BPA member.
To check if the parking company is a member of an ATA, please visit the respective websites
You should think long and hard before providing your details to a company who is not an ATA member.
If the parking charge was issued by a parking company that is a member of the IPC or the BPA, then the company is legitimate and is complying with the Code of Practise. This means the company can obtain Registered Keeper details from the DVLA.
You therefore need to decide whether you want to pay, or appeal the parking charge within 28 days.
If you ignore the parking charge, the company that issued it may escalate the case, leading to increased charges and potential legal action to resolve the unpaid charge.
If you do not pay a parking charge the parking operator that issued your parking charge may send reminders and increase the charge with additional fees up to the value of an extra £70.
This means that you will have to pay the cost of the parking charge in full (no longer allowing for the discounted rate) and additional fees of up to £70.
If the parking charge is still not paid, the parking company may take legal action and you might be taken to court. This may result in you being issued with a County Court Judgment and have to pay further additional legal fees.
A parking charge is a charge which has been issued on private land by a parking operator complying with the Code of Practice.
Private land is typically managed by contract law, where the contract is brought to the attention of the driver.
A parking charge may be issued when a driver does not comply with the terms and conditions set out on the signage, for example, overstaying the allotted time or parking without a valid permit.
Parking charges are enforceable via the County Court.
A penalty charge is issued by Local Authorities or Councils for breaking the terms and conditions on public land, such as parking in a restricted area or failing to pay for parking.
Penalty charges are enforceable under statutory law.
Yes, parking charges issued by private parking companies are lawful and legally enforceable.
Parking operators need to comply with relevant regulations and guidelines, set out in the Code of Practice.
Parking charges may be issued when a driver does not comply with the terms and conditions set out on the signage when parking on private land.
If the parking charge is not paid, then it can increase by up to £70 and if it still remains unpaid then court proceedings may be issued, with additional costs being added.
If the parking charge was issued by a parking company that is a member of the IPC or the BPA, then the company is legitimate and is complying with the Code of Practise. This means the company can obtain Registered Keeper details from the DVLA.
To check if the parking company is a member of an ATA, please visit the respective websites
To check if a parking charge is legitimate you should:
1. Check to see whether the parking operator who issued your parking charge a member of an accredited trade association (ATA)?
The two trade associations are the International Parking Community (IPC) and the British Parking Association (BPA)
If the parking charge was issued by a parking company that is an IPC or BPA member then the parking company is legitimate and is complying with the Code of Practise. This means that the company can obtain Registered Keeper details from the DVLA.
To check if the parking company is a member of an ATA, please visit the respective websites IPC BPA .
You should think long and hard before providing your details to a company who is not an ATA member.
2. Check that the signage at the parking location clearly states the terms and conditions.
3. The parking charge includes detailed information such as the date, time, and reason for the charge.
4. The contact details for the appeals process has been provided on the parking charge.
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