Parking Charge Defence Arguments
Every private parking charge can be challenged. Below are the most effective legal defence arguments used to fight parking charge notices in England and Wales. Each argument is rated by strength and includes detailed guidance on when and how to use it.
POFA 2012 Non-Compliance
POFA 2012 non-compliance is one of the strongest defences against a private parking charge. If the operator failed to serve the Notice to Keeper correctly or wi...
Inadequate or Missing Signage
For a private parking charge to be enforceable, the terms and conditions must be clearly and prominently displayed at the car park. If the signage was inadequat...
Disproportionate Charge
A private parking charge must be a genuine pre-estimate of loss or a reasonable charge for the service provided. If the charge is grossly out of proportion to a...
Grace Period Not Applied
Both the BPA and IPC codes of practice require parking operators to allow a grace period (typically 10 minutes) before a parking charge can be issued. If you we...
ANPR Camera Errors
ANPR (Automatic Number Plate Recognition) cameras are the technology behind most private parking charges, but they are not infallible. Misreads, missed exits, s...
No Contract Formed
Every private parking charge is based on an alleged contract between you and the parking operator. For a contract to exist, there must be offer, acceptance, con...
Mitigating Circumstances
Mitigating circumstances are not a standalone legal defence, but they are a powerful factor that operators, appeals services, and courts will consider. If you o...
Unfair Contract Terms
The Consumer Rights Act 2015 provides that unfair terms in consumer contracts are not binding. A parking charge notice is based on a consumer contract, and if t...
Double Recovery
The principle of double recovery prevents a claimant from being compensated twice for the same loss. If the landowner has already been compensated by the parkin...
Lack of Authority to Issue Charges
A private parking operator can only issue charges if they have a valid contract with the landowner granting them authority to manage the car park and issue park...
Not sure which defence applies to you?
Answer a few questions about your parking charge and our AI will identify the strongest defence arguments for your case.
Start Your Free Defence