How to Appeal a Parking Charge Notice

What Is a Parking Charge Notice?

A Parking Charge Notice (PCN) is an invoice issued by a private parking company when they allege that a motorist has breached the terms and conditions of parking on privately managed land. This is fundamentally different from a council-issued penalty notice. A private PCN is not a fine, not a penalty, and not backed by criminal law. It is a contractual claim -- an assertion that you entered into a contract by parking on their land and then breached the terms of that contract.

Private parking companies manage car parks for landowners under licence agreements. They erect signage setting out terms and conditions, and they claim that by parking on the land, you accept those terms. If they believe you have overstayed, parked without displaying a valid ticket, or otherwise breached the stated terms, they issue a PCN. Typically, the charge ranges from 60 to 100 pounds, often with a reduced rate if paid within 14 or 28 days.

The legal basis for these charges was examined by the Supreme Court in ParkingEye Ltd v Beavis [2015] UKSC 67. The court held that parking charges can be enforceable as liquidated damages, provided they serve a legitimate interest and are not disproportionate. However, the court also made clear that each case turns on its own facts, and many parking companies fail to meet the necessary legal requirements.

Understanding that a PCN is a civil matter, not a criminal one, is essential. You cannot receive points on your licence, you will not get a criminal record, and no bailiff can attend your property over an unpaid private parking charge. The worst outcome is a county court judgment if the operator decides to pursue the matter through the civil courts.

PCN vs Penalty Charge Notice: The Critical Difference

The abbreviation "PCN" is used for two very different types of notice, and confusing them can lead to serious consequences. A Parking Charge Notice is issued by a private company and is a civil contractual claim. A Penalty Charge Notice is issued by a local authority or council and is backed by statute.

Council penalty charge notices are issued under the Traffic Management Act 2004 or the Road Traffic Regulation Act 1984. They are genuine penalties with a statutory appeals process through Traffic Penalty Tribunal (in England, outside London) or the London Tribunals (in London). Failure to pay a council PCN can result in a charge certificate and ultimately enforcement by bailiffs with statutory powers.

Private parking charge notices, by contrast, have no statutory enforcement mechanism. The operator's only remedy is to pursue a civil claim through the county court. The appeals process is also different: private operators who are members of the British Parking Association (BPA) use POPLA, while those in the International Parking Community (IPC) use the Independent Appeals Service (IAS).

This guide focuses exclusively on private parking charge notices. If you have received a penalty charge notice from a council, the appeals process is different and you should contact the relevant traffic penalty tribunal directly.

Your Rights Under POFA 2012

The Protection of Freedoms Act 2012 (POFA 2012), specifically Schedule 4, is the single most important piece of legislation for anyone challenging a private parking charge. Before POFA 2012, private parking companies could only pursue the driver of the vehicle. Since they rarely knew who was driving, enforcement was extremely difficult. POFA 2012 changed this by creating a mechanism for keeper liability -- but only if the operator follows strict procedural requirements.

Under Schedule 4 of POFA 2012, a parking operator can transfer liability from the unknown driver to the registered keeper of the vehicle, but only if they comply with every requirement of the Act. The key requirements are:

• --Notice to Driver: The operator must affix a notice to the vehicle at the time of the alleged contravention, or send a Notice to Driver within 14 days of the event (or within 14 days of obtaining keeper details from the DVLA).
• --Notice to Keeper: If the driver does not pay, the operator must send a Notice to Keeper to the registered keeper within a prescribed period. This notice must contain specific information as set out in the Act, including a statement that the keeper did not need to have been the driver and details of how to appeal.
• --Prescribed content: Both notices must contain all information required by the Act. Missing or incorrect information invalidates the notice and breaks the chain of keeper liability.
• --Named driver provision: If the keeper identifies the driver, liability transfers back to that named individual, and the keeper is no longer liable.

If the operator fails to comply with any of these requirements, they cannot hold the registered keeper liable. They can still pursue the driver, but since they usually do not know who was driving, this effectively renders the charge unenforceable. This is the most common and powerful ground for challenging a parking charge notice.

For a detailed breakdown of POFA 2012 and how each requirement applies, see our dedicated guide: POFA 2012 Explained: Your Complete Guide to Keeper Liability.

Step 1: Check If the PCN Is Valid

Before you begin the formal appeal process, you should carefully examine the parking charge notice itself and the circumstances in which it was issued. Many PCNs fail on basic validity grounds, which means you may not even need to engage with the substance of the alleged contravention.

Check the Signage

The legal basis of a private parking charge rests on contract law. For a contract to exist, the terms must be clearly and conspicuously displayed. If the signage at the car park was inadequate, obscured, contradictory, or insufficiently prominent, the parking company may struggle to prove that a contract was formed. Take photographs of all signs in the car park as soon as possible. Note the size of the text, the location and height of each sign, any damage or obstruction, and whether the terms are legible from a reasonable distance.

Under the BPA Code of Practice and the IPC Code of Practice, signs must be clear, prominent, and visible at the entrance to the car park and at regular intervals within it. If you had to search for the sign, if it was partially obscured by vegetation, or if the terms were in very small print, you have a strong ground of appeal.

Check the Timing

Examine when the alleged contravention occurred and when the notice was sent. If the notice was posted to you rather than placed on your windscreen, check the date carefully. Under POFA 2012, the operator must issue a Notice to Driver within 14 days of the event (or within 14 days of receiving keeper data from the DVLA). If this deadline was missed, the entire POFA 2012 keeper liability process may be invalidated.

Also check whether the time recorded on the PCN matches your actual arrival and departure times. ANPR (Automatic Number Plate Recognition) cameras can misread plates, record incorrect timestamps, or fail to capture your exit. If you have any evidence of your actual parking duration -- a pay-and-display ticket, a payment app confirmation, or a shop receipt with a timestamp -- keep it safe.

Check POFA 2012 Compliance

If you received the PCN by post (rather than on your windscreen), you were most likely identified as the registered keeper via a DVLA enquiry. In this case, the operator is relying on POFA 2012 to hold you liable as the keeper. Scrutinise the notice carefully for all the prescribed information required by Schedule 4 of the Act.

Key elements to check include: a statement that the charge was incurred as a result of a parking contravention, the amount of the charge, the grounds for the charge, details of the vehicle including the registration number, a statement that the keeper is not liable if they were not the driver and they name the driver, and clear instructions on how to appeal. If any of these elements are missing or materially incorrect, the notice may be defective and unenforceable against the registered keeper.

Step 2: Appeal to the Parking Company

Your first formal step is to submit an appeal directly to the parking company. This is known as the "informal appeal" or "operator appeal" stage. Every accredited parking operator is required by their trade association's code of practice to have an internal appeals process.

You should submit your appeal in writing. Most operators accept appeals through their website, by email, or by post. Always keep a copy of your appeal and any evidence you submit. If you send your appeal by post, use recorded delivery so you have proof of submission and receipt.

What to Include in Your Appeal

Your appeal should be clear, factual, and structured. Avoid emotional language or personal attacks. Focus on the specific legal and procedural grounds that support your case. A well-structured appeal typically includes:

1. Your reference number -- the PCN number and vehicle registration.
2. A clear statement that you are appealing the charge and the grounds for your appeal.
3. Specific grounds -- reference POFA 2012 non-compliance, inadequate signage, incorrect evidence, or any other applicable ground.
4. Supporting evidence -- photographs, receipts, payment confirmations, or any documents that support your case.
5. A request for evidence -- ask the operator to provide copies of their DVLA enquiry, ANPR images, and site signage photographs.

The operator must respond to your appeal within a reasonable timeframe, typically 28 to 56 days depending on their trade association's code of practice. While your appeal is being considered, the charge is frozen and no further enforcement action should be taken.

If the operator accepts your appeal, the charge will be cancelled and no further action is required. If they reject it, they must provide you with details of how to escalate your appeal to the independent appeals service. Do not be discouraged by a rejection -- many cases are won at the independent appeal stage.

Step 3: Appeal to POPLA or IAS

If the parking company rejects your initial appeal, you have the right to escalate to an independent appeals service. Which service you use depends on which trade association the parking company belongs to:

• --POPLA (Parking on Private Land Appeals) -- for operators who are members of the British Parking Association (BPA), now known as the British Parking Association Ltd.
• --IAS (Independent Appeals Service) -- for operators who are members of the International Parking Community (IPC).

The independent appeal is free of charge to you. You must submit your appeal within 28 days of receiving the operator's rejection letter. The appeal is conducted entirely on paper (or online) -- there is no hearing. You submit your evidence and arguments, the operator submits theirs, and an independent assessor makes a decision.

Preparing Your Independent Appeal

The independent appeal is your most important opportunity to have the charge cancelled without going to court. Treat it seriously. Your submission should be more detailed and more thoroughly evidenced than your initial appeal to the operator. The assessor will be looking at the legal merits of the case, not just whether you feel the charge was unfair.

Structure your appeal around specific grounds. The most effective grounds for independent appeals include: non-compliance with POFA 2012, inadequate or misleading signage, disproportionate charges (failing the test set out in ParkingEye v Beavis), mitigating circumstances, and technical failures such as ANPR errors or system malfunctions.

Include all supporting evidence: photographs of signage (with date stamps if possible), copies of any payment confirmations or receipts, screenshots of any correspondence with the operator, and copies of the PCN and any subsequent notices. If you have witness statements, include those too.

The assessor's decision is binding on the operator but not on you. This means that if the assessor finds in your favour, the operator must cancel the charge and cannot pursue it further. If the assessor finds against you, the operator may resume enforcement, but you still have the right to defend any county court claim.

Step 4: If They Take You to Court

If you have exhausted the appeals process and the parking company decides to pursue the matter, they may file a county court claim against you. This typically comes in the form of a Claim Form (N1) from the County Court Business Centre. Do not panic if this happens. A county court claim is a civil matter, and you have every right to defend it.

You will have 14 days from the date of service to acknowledge the claim and a further 14 days (28 days total) to file your defence. It is essential that you respond within these time limits. Failing to respond will result in a default judgment against you, which will appear on your credit record and can be enforced.

A properly prepared defence raises all available legal arguments, including POFA 2012 non-compliance, challenges to the formation of the alleged contract, the proportionality of the charge, and any procedural failings by the operator. Many parking companies discontinue their claims when they receive a well-drafted defence because the cost of proceeding to trial outweighs the value of the charge.

For a comprehensive guide to defending a county court claim, see our dedicated resource: County Court Defence: How to Defend a Private Parking Claim. You may also want to understand what happens if you do not pay a parking charge notice.

Common Reasons PCNs Get Cancelled

Based on thousands of successful appeals and court cases, the following are the most common grounds on which parking charge notices are overturned. If any of these apply to your situation, you likely have a strong case for appeal.

Many of these grounds overlap and can be used together. For example, a PCN issued by ParkingEye at a supermarket car park might be challenged on the basis of POFA non-compliance, the lack of genuine loss to the landowner, and failure to apply a grace period. The strongest appeals raise multiple independent grounds.

When to Seek Professional Help

Many motorists successfully appeal parking charge notices on their own, particularly at the operator appeal and independent appeal stages. However, there are situations where professional assistance can make a significant difference to the outcome of your case.

Consider seeking professional help in the following circumstances:

• --You have received a county court claim. Once the matter is in court, the stakes are higher. A poorly drafted defence can result in a judgment against you, costs being awarded, and a mark on your credit file. A professional defence document ensures your arguments are presented in the correct legal framework.
• --The case involves complex legal issues. Some cases raise issues around data protection, GDPR compliance, the validity of DVLA enquiries, or the interpretation of specific contract terms. These cases benefit from expert analysis.
• --You are unsure about your grounds. If you believe the PCN is wrong but cannot identify the specific legal grounds for challenge, a professional review can identify arguments you may have missed.
• --You are dealing with an aggressive debt collector. Some parking companies use debt collection agencies that send threatening letters designed to intimidate you into paying. Understanding which letters carry legal weight and which are simply pressure tactics can be difficult without experience.

FightMyPCN provides AI-generated defence documents that analyse your specific situation and produce a professionally structured response, whether for an operator appeal, an independent appeal, or a county court defence. You can start with a free draft to see exactly what arguments apply to your case before committing to anything.

Frequently Asked Questions