FAQ

Frequently Asked Questions

Everything you need to know about parking charges, your rights, and how fightmypcn can help.

General

What is the difference between a PCN and a penalty charge notice?

A PCN (parking charge notice) is issued by a private company and is a contractual invoice. A penalty charge notice is issued by a council with statutory enforcement powers. Only council penalties carry automatic fines; private charges must go through the civil courts.

Can I ignore a parking charge from a private company?

You can, but the company may escalate to debt collectors or file a county court claim. We recommend responding with a defence rather than ignoring, as ignoring a court claim can result in a default CCJ.

Do I have to tell the parking company who was driving?

No. Unlike council penalties, private parking companies have no legal power to require you to identify the driver. However, if you do not, the company may pursue the registered keeper under POFA 2012.

Can a parking company clamp my car?

No. Clamping on private land was made illegal in England and Wales by the Protection of Freedoms Act 2012. Any company that clamps your vehicle is committing a criminal offence.

What if I was parked on someone else's private land?

You may still receive a charge if a parking operator manages that land. The same POFA 2012 rules and appeal rights apply regardless of the landowner.

How much does fightmypcn cost?

Our free case check costs nothing and requires no payment details. If you need documents, our Response Pack is 14.99 GBP and our Court Defence Bundle is 49 GBP. One-time payment, no subscription.

What happens if I ignore a parking charge?

The company may send reminder letters, pass the matter to a debt collector, issue a Letter Before Action, and ultimately file a County Court claim. Ignoring a court claim can result in a default CCJ against you.

Appeals

How long do I have to appeal a parking charge?

You typically have 28 days from the date of the notice to appeal to the parking company. If your appeal is rejected, you have a further 28 days to escalate to POPLA or the IAS.

Can I appeal after the 28-day deadline?

The parking company may refuse a late appeal, but you can still raise your arguments in a formal defence if the matter reaches county court. Missing the appeal deadline does not mean you lose your right to defend.

What is POPLA?

POPLA (Parking on Private Land Appeals) is the independent appeals service for charges issued by members of the British Parking Association (BPA). Its decisions are binding on the operator but not on you.

What is the IAS?

The IAS (Independent Appeals Service) handles appeals against charges issued by members of the International Parking Community (IPC). Like POPLA, its decisions bind the operator but not the motorist.

Is a POPLA decision final?

A POPLA decision is binding on the parking operator. If POPLA finds in your favour, the operator must cancel the charge. If you lose, the operator can still pursue the matter, but you retain the right to defend in court.

What evidence should I collect for my appeal?

Photograph the signage, your parking location, and any pay-and-display ticket. Keep copies of all correspondence. Note the dates on every notice you received, as timing errors are a common ground for appeal.

Should I appeal the parking charge before going to court?

You can appeal to the parking company and then to POPLA or the IAS. Be careful what you say, as it may be used against you later. If you are already at the court claim stage, filing a defence is the priority.

Debt Collectors

Should I respond to a debt collector letter about a parking charge?

Yes. Ignoring debt collector letters does not make the debt go away and may lead to a county court claim. Respond in writing, dispute the debt, and request proof of the amount owed.

Can a debt collector add charges to my parking fine?

Debt collectors often add fees, but many of these charges are not enforceable. Under the Pre-Action Protocol for Debt Claims, any costs must be reasonable and clearly itemised.

How do I stop a debt collector contacting me?

You can write to the debt collector asking them to communicate in writing only. They must comply. If they continue to harass you, you can complain to the Financial Ombudsman Service.

Is a debt collector letter the same as a court claim?

No. A debt collector letter is not a court document. A county court claim arrives on an official court form (N1) from the County Court Business Centre. Do not confuse threatening letters with actual legal proceedings.

Court Claims

Can a private parking company take me to court?

Yes. Private parking companies can file a County Court claim against you. However, many claims are dropped when a defence is filed because the cost of a hearing often exceeds the value of the charge.

Do I need a solicitor for a parking court case?

No. Most parking charge cases are small claims (under 10,000 GBP), where solicitor costs are not recoverable. Many motorists successfully represent themselves using a well-prepared defence document.

What happens at a parking charge court hearing?

Small claims hearings are informal. A district judge will hear both sides, review the evidence, and make a decision. You can attend in person or request a paper determination based on written submissions.

How much does it cost to defend a parking charge in court?

If the parking company files a claim, you do not pay a court fee to defend. If you lose, you typically pay the original charge plus the claimant's court fee. Solicitor costs are not usually awarded in small claims.

Can I settle a parking charge before the court hearing?

Yes. Many parking companies offer to settle for a reduced amount before the hearing. You are not obliged to accept, and settling does not admit liability for future claims.

What evidence do I need for court?

Gather photographs of the signage, a timeline of all notices received, proof of any payments made, and any correspondence with the parking company or debt collector. A witness statement setting out your account is also essential.

POFA 2012

What is POFA 2012?

The Protection of Freedoms Act 2012 governs how private parking companies can pursue the registered keeper of a vehicle. If the operator did not follow the POFA requirements, the charge may be unenforceable against the keeper.

What is keeper liability?

Keeper liability allows a parking company to hold the registered keeper responsible for a charge, even if someone else was driving. It only applies if the operator has complied with every requirement of POFA 2012 Schedule 4.

What is a Notice to Keeper?

A Notice to Keeper (NTK) is a letter the parking company must send to the registered keeper within 14 days of the alleged contravention. It is a mandatory requirement under POFA 2012 for keeper liability to arise.

What happens if the Notice to Keeper is late?

If the Notice to Keeper is served outside the 14-day window required by POFA 2012, keeper liability does not arise. The parking company can only pursue the driver directly, and if they cannot identify the driver, the charge is likely to be unenforceable.

What must a Notice to Keeper contain?

The NTK must include prescribed information such as the date and location of the alleged contravention, the amount owed, and details of how to appeal. Missing or incorrect information can render the notice non-compliant.

Credit Score & Bailiffs

Will a parking charge affect my credit score?

A parking charge alone does not appear on your credit file. Only an unpaid County Court Judgment (CCJ) affects your credit score, and most charges never reach court.

Can parking companies send bailiffs?

No. Bailiffs (enforcement agents) can only be used for council-issued penalties and unpaid court fines. Private parking charges are civil debts and cannot be enforced by bailiffs.

Is a private parking charge legally enforceable?

A private parking charge is a contractual claim, not a fine. It is only enforceable if the parking company obtains a County Court Judgment. Many charges have legal weaknesses that make enforcement unlikely if challenged.

What is the maximum a parking company can charge?

The BPA Code of Practice caps charges at 100 GBP for most contraventions. The IPC has similar limits. Any charge significantly above these levels may be challenged as disproportionate under the Consumer Rights Act 2015.

About fightmypcn

Is fightmypcn legal advice?

No. fightmypcn provides document templates and information for educational purposes only. We are not a law firm. For complex cases, we recommend consulting a solicitor.

How quickly will I receive my defence document?

Your defence document is generated immediately after completing the questionnaire. You can preview it for free and download all documents instantly after payment.

Will this definitely get my case dropped?

We cannot guarantee any outcome. However, a well-structured defence significantly increases the chances of the parking company discontinuing their claim rather than bearing the cost of a hearing.

What types of parking charges does this cover?

We cover private parking charge notices from companies such as ParkingEye, Euro Car Parks, UKPC, CP Plus, Smart Parking, and others. We do not cover council-issued penalty charge notices.

Can I use this if my case is already in court?

Yes. If you have received a County Court claim form, you typically have 14 days to respond (or 28 days with an acknowledgment of service). Our documents are designed for County Court filing.

Can I get a refund?

You can cancel for a full refund any time before your defence document is generated. Once the document has been generated and made available to download, no refund is available because the digital content has been fully supplied with your prior consent (Consumer Contracts Regulations 2013). Full details are in our Terms of Service.

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