Consumer rights expert Martyn James rounds up everything you need to know about appealing a private parking ticket
Of all the subjects that grind your gears, it’s parking tickets that really provoke one of the biggest reactions.
One of the most common questions that I’m asked is this: is there any point in appealing a private parking ticket? Well, the simple answer is yes – and you’ve got a good chance of winning too.
According to POPLA, one of two dispute resolution services for the private parking industry, over 107,000 appeals were raised last year and a whopping 50.5% were upheld or not contested by the parking firms. Sadly, I don’t have the statistics for the other service – the Independent Appeals Service – but a one in two chance of winning if you dispute an unfair ticket are the kind of odds I like.
So what are the rules around parking on private land? And how do you make a successful complaint?
Private parking tickets versus ‘public’ parking tickets
Before we begin, there’s an important distinction to make with parking tickets.
There are two types of parking tickets. ‘Official’ (public) tickets are the ones issued by your local council or the police and are usually listed as penalty charge notices. However, if you get ticketed on private land then it’s a different process for making a complaint.
This matters because what we refer to as parking tickets are actually two different things. An ‘official’ ticket comes from the local authority or police when you are considered to have broken a law or rule, like parking on double yellow lines or blocking access to a hospital. You are effectively being fined for breaking these rules.
Parking on private land is different. It is not an official fine; the landowner is basically billing you for (mis)using their facilities. To my annoyance, private parking fees often mimic the official ones down to the colour and font. But the two are very different things.
That’s a crucial difference, because you can end up in court with a public charge. Though private parking charges often threaten this, they tend not to take things that far, though they may threaten to. They also can’t get the bailiffs in or put a marker on your credit file unless they’ve obtained a County Court Judgement (CCJ) for non-payment.
What are the current rules covering parking tickets?
A brand new code of practice was introduced on 01 October 2024 that was designed to make things fairer for motorists parking on private land. At first glance, this is a good thing. For a long time, private parking firms had a poor reputation for charging consumers for minor errors and many people reported bad experiences with inflexible and unfair customer service teams too.
You can read the full code of conduct on the websites the two trade bodies for private parking here:
The new rules state:
- There should be a 10 minute ‘grace period’ when your ticket expires.
- Fines should not be applied for minor errors. This includes the notorious ‘fat finger’ mistakes where people key an incorrect digit on a machine or on the phone.
- All signs must be clear and must meet a standard set of rules. The signs must be easy to read for a driver passing them. [Page 35 of this document: https://irp.cdn-website.com/262226a6/files/uploaded/sector_single_Code_of_Practice.pdf ]
- On top of the new rules, a five minute grace period to find a space and decide if you want to pay was hurriedly introduced just after the new rules began but people got fined for failing to find a parking space.
There’s also a new ‘appeals charter’. The rules state you can have your charge reduced to £20 (if paid within 14 days, after which it can increase) if the following situations apply:
- If you were unable to buy a ticket as a result of being unwell.
- If you were delayed for medical reasons (like an overrunning hospital or doctor’s appointment) or as a result of childcare issues.
- If you made a significant error inputting details in to the machine, app or on the phone. This means not just getting one digit wrong (fines should be waived), rather this involves getting a whole number or registration wrong.
- Vehicle trouble, like breakdowns.
The charter also includes two ‘chargeable’ mitigating circumstances.
- If you failed to display your blue badge but can prove you are a blue badge holder.
- If the machines or apps were out of order and there was no other way to pay.
Even if your charge is reduced for these sets of circumstances, you should still take things further if you don’t think you’ve been treated fairly.
What criticisms have been levelled at the new parking rules?
Unfortunately for the private parking firms, when journalists realised the new code of practice was nothing like what was originally promised by the former government, the calls for a radical review of the private parking industry have grown significantly.
Those calls have been listened to, and I understand a new Parking Code of Conduct will be announced by the government in Autumn.
There has also been a lot of criticism raised about the inflexibility of some parking firms when it came to appeals and enforcing of the rules. Many concerns have been raised around faulty machines and incomprehensible apps and payment systems too – all of which you can appeal.
Do you have to pay private parking tickets?
There is a lot of conflicting information about whether you should pay a ticket and appeal it, or refuse to pay and take the matter further.
Failing to pay a private parking charge will involve losing your early payment discount and increasing charges. That’s why it’s important to register your complaint as soon as possible.
Inform the private parking company that you are going to formally appeal the ticket and ask them to suspend any action or increase in fees while the matter is investigated. The business cannot be forced to do this, but a refusal can work against them when you appeal a rejected complaint to a dispute resolution scheme. Get them to confirm this refusal in writing if you can.
Alternatively, you can pay the charge under duress – while making it clear that you are only paying to prevent further charges but you intend to take the matter further. Make sure you ask if the firm intends to close the claim if you pay – and refuse if they say they will. As with all stages of the complaints process with parking charges, make sure you do this in writing.
How to appeal a parking ticket
If you receive a private ticket and you don’t think it’s fair or appropriate, then get in touch with the firm as soon as possible and notify them that you intend to dispute it.
Don’t be put off if your situation doesn’t fall within the new or old rules for waiving charges. Put your case in simple, plain English terms and explain what you want to resolve the complaint.
The ticket will say whether the private parking firm is a member of the British Parking Association or the International Parking Community. It will also set out your options for paying and appealing the charge.
Make a formal complaint to the business setting out why you disagree with the ticket and provide that evidence that you’ve gathered. This might be because:
- It’s unclear that you were on private land.
- The sign wasn’t clear, was ambiguous or was misleading.
- The sign was damaged, obscured, hidden or hard to find or read.
- You have been ticketed due to a technical error (wonky cameras, broken machines, incorrectly printed tickets).
- Over-zealous ticket issuers have targeted you unfairly.
- Mitigating circumstances.
- Confusion over free periods.
- Third party disputes (errors when obtaining permission to park from shops, hospitals and the owner of the site).
When you appeal to a parking company they should reply within 14 days. You have a window of 28 days within which you can appeal the fine. There are slightly different rules around discounted rates for paying within these timeframes, depending on which trade body the parking firm is signed up to.
If your appeal doesn’t succeed, there are two alternative dispute resolution (ADR) schemes that you can go to if you are unhappy. These organisations work in a similar way to ombudsman schemes, albeit with slightly less powers.
For British Parking Association members it’s POPLA. For International Parking Community members it’s the Independent Appeals Service.
You may need to be issued with a code from the parking firm which allows you to take the complaint to the next level. Both ADR schemes have guides on their websites that explain how to appeal and the evidence you need to provide.
Remember: registering a complaint – even if you don’t succeed – sends a message to the industry and the government that you think the current rules are unfair. So don’t give up, make your voice heard.
- Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist
