Know Your Rights: Private Parking Charges
The law gives you specific protections when you receive a private parking charge. Understanding them is the first step to responding properly.
Private parking charges are not fines
Only councils and the police can issue fines. A private parking charge is a contractual invoice. It has no criminal status and cannot be enforced by bailiffs. The only enforcement route is through the county court.
POFA 2012: The Keeper Liability Rules
The Protection of Freedoms Act 2012 sets strict rules for when a parking operator can pursue the registered keeper instead of the driver.
- The operator must serve a Notice to Keeper (NTK) within the statutory timeframe
- The NTK must contain prescribed information, including an independent appeals route
- If the operator cannot prove the driver received a notice on the windscreen, they must serve the NTK correctly to hold the keeper liable
- Failure to meet any of the four conditions in Schedule 4 means the keeper cannot be held liable
Consumer Rights Act 2015: Fairness and Transparency
Sections 62 and 68 of the CRA 2015 require that contract terms (including parking charges) are fair and transparent.
- A charge must be proportionate to the genuine loss suffered by the landowner
- Terms must be brought to the consumer's attention clearly and prominently before the contract is formed
- Small print, faded signs, or signs positioned where they cannot reasonably be seen may fail the transparency test
- The Supreme Court in ParkingEye v Beavis [2015] upheld an £85 charge in specific circumstances, but this does not mean all charges are fair
Pre-Action Protocol for Debt Claims
Before taking court action, a parking operator (or their solicitor) must follow the Pre-Action Protocol for Debt Claims.
- They must send a compliant Letter Before Claim with at least 30 days to respond
- The letter must include a statement of account showing how the debt is calculated
- They must offer information about alternative dispute resolution (ADR)
- Non-compliance with the Protocol can result in costs sanctions if the matter goes to court
Key Deadlines You Should Know
Private parking charges follow specific timelines. Missing a deadline can affect your options.
- You typically have 28 days to appeal to the operator directly
- If the appeal is rejected, you usually have a further 28 days to escalate to POPLA or IAS
- The operator must serve the NTK within the POFA timeframe
- If you receive a county court claim, you have 14 days to acknowledge service and then file a defence
Check Your Notice to Keeper
The NTK is one of the most commonly failed requirements. Use our free compliance checker to see if yours meets the POFA 2012 requirements.
Check NTK ComplianceCommon Questions
Can a private parking company issue a fine?
No. Only local authorities and the police can issue fines. Private parking companies issue invoices or 'parking charge notices,' which are contractual claims. They are not penalties and have no criminal status. The distinction matters because it affects how the charge can be enforced.
Can parking companies send bailiffs?
No. Bailiffs (enforcement agents) can only be used for council-issued penalties and court-ordered debts. Private parking charges are civil debts. The only enforcement route available to a private parking company is through the county court.
Will a parking charge affect my credit score?
A private parking charge alone will not appear on your credit file. However, if the company takes you to county court and you do not file a defence, a County Court Judgment (CCJ) can be entered against you. A CCJ stays on your credit record for up to 6 years and can affect your ability to obtain mortgages, loans, and credit cards.
Should I ignore a parking charge?
Ignoring a charge carries risk. While many companies do not pursue claims to court, some do. If a court claim is filed and you do not respond, a default judgment can be entered against you. It is generally better to respond, even if only to dispute the charge formally.
What if I was not the driver?
Under POFA 2012, the parking operator can pursue the registered keeper if the driver cannot be identified, but only if they have correctly followed the keeper liability process (including serving a valid NTK). If the NTK was not served correctly, the keeper may not be liable.
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