Moderate Defence

Lack of Authority: Does the Operator Have the Right 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 parking charge notices. If the operator's authority has expired, was never properly granted, or does not cover the specific area where you parked, the charge is void. The operator has no standing to claim against you.

--The operator must have a current, valid contract with the landowner
--If the operator's contract has expired, they have no authority to charge
--The operator's authority must cover the specific area where you were parked
--Without valid authority, the operator has no legal standing to pursue you

Key Takeaways

Ask the operator to confirm their authority to manage the car park
Check whether the operator's signage matches the current management arrangements
If the car park recently changed management, old signage may be invalid
The operator must be able to prove they had authority on the date of the alleged contravention
Lack of authority is a complete defence -- if the operator had no right to charge, the charge is void

What This Defence Means

Private parking operators derive their right to issue charges from a contract with the landowner. The landowner grants the operator a licence to manage the car park, enforce parking terms, and issue charges on their behalf. This authority must be current, valid, and cover the specific area in question. If the operator's licence has expired, if the landowner has terminated the agreement, if the contract never existed, or if the contract does not cover the area where you parked, the operator has no legal basis to issue a charge. Any charge issued without valid authority is void from the outset.

When This Defence Applies

The operator's contract with the landowner has expired
The landowner has terminated the operator's contract
The operator never had a valid contract with the landowner
The specific area where you parked is not covered by the operator's contract
The car park has changed operators and the old operator issued the charge
The landowner does not support the operator's charges (e.g., the landowner publicly stated charges should be cancelled)
The operator's signage refers to a company that is no longer managing the car park

How to Argue This Defence

1.Request confirmation from the operator of their authority to manage the car park and issue charges. Ask for the name of the landowner and details of their contract.
2.If the landowner is identifiable (e.g., a named retailer or hospital trust), contact them directly to confirm the management arrangement.
3.If the car park has recently changed operators, check whether the new or old operator issued the charge and whether the issuing operator had authority on the date of the contravention.
4.If the landowner has publicly stated that charges should not be issued to customers, patients, or members, obtain this in writing and use it in your defence.
5.In your defence, state that the operator has not demonstrated valid authority from the landowner to issue parking charges at the relevant location on the relevant date.
6.If the matter reaches court, request disclosure of the operator's contract with the landowner.

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Relevant Law

General principles of English contract and agency law

An agent (the parking operator) can only act within the scope of their authority from the principal (the landowner). Actions taken without authority are not binding.

Protection of Freedoms Act 2012, Schedule 4

POFA requires that the person issuing the parking charge is the 'creditor' -- typically the landowner or their authorised agent. If the operator is not properly authorised, the POFA framework may not apply.

BPA / IPC Code of Practice

Both codes require operators to have valid written authority from the landowner before managing a car park and issuing charges. Operating without valid authority is a breach of the code.

Example Scenarios

1.A new operator took over management of the car park three months ago, but the previous operator (whose signage is still up) issued you a charge. The previous operator has no authority.
2.The landowner (a retail chain) has publicly confirmed that they do not support parking charges against genuine customers, but the operator continues to issue them.
3.The car park is on land owned by a local authority, but the operator's contract with the authority expired six months ago. Charges issued after expiry are void.
4.You parked in an area adjacent to the operator's managed zone. The boundary was not clearly marked, and the area you parked in is not covered by the operator's contract.

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Frequently Asked Questions

How can I check if the operator has valid authority?

Write to the operator and ask them to confirm their authority to manage the car park and issue charges. You can also contact the landowner directly -- their details may be available from the Land Registry (for a small fee) or from public records if the landowner is a company, NHS trust, or local authority.

What if the operator refuses to provide evidence of their authority?

If the operator refuses to confirm their authority, this can be raised in your defence. The burden of proof is on the operator to establish that they have standing to bring a claim. If they cannot demonstrate a valid contract with the landowner, their claim should fail.

Does the landowner have to support the charge for it to be valid?

The landowner's active support is not technically required -- the operator may have contractual authority to issue charges independently. However, if the landowner has publicly stated that charges should not be issued, or if they have asked the operator to cancel specific charges, this significantly undermines the operator's position and is powerful evidence for your defence.