| Private Parking — Key Facts | |
|---|---|
| Not a fine | Private parking 'fines' are contractual charges — no criminal liability |
| PoFA 2012 | Protection of Freedoms Act 2012 Schedule 4 allows operators to pursue the registered keeper |
| Keeper liability | Only applies if POFA-compliant Notice to Keeper is served within 14 days of the alleged event |
| Cap | BPA Code of Practice: charges capped at £100 (or £60 reduced if paid in 14 days) |
| Appeals bodies | POPLA (BPA members) or IAS (IPC members) — free for motorists |
| CCJ risk | If you ignore a Letter of Claim and court papers, a CCJ can be entered against you |
Private parking operators (companies like ParkingEye, Euro Car Parks, Britannia Parking) issue civil invoices for alleged breaches of car park terms. They are not police and they cannot issue criminal fines. However, ignoring private parking charges entirely is not without risk — read on.
PoFA 2012 Schedule 4 — Keeper Liability Explained
Before the Protection of Freedoms Act 2012 came into force, parking operators could only pursue the driver — and if the driver was not identified, the claim failed. PoFA 2012 Schedule 4 created a statutory route to pursue the registered keeper of the vehicle, even if the keeper was not driving, provided a strict procedural process is followed. (Source: Protection of Freedoms Act 2012, Schedule 4)
For keeper liability to apply the operator must: issue a compliant Notice to Driver at the time of the event (if parking was unattended, by post within 14 days); then serve a Notice to Keeper by post between 29 and 56 days after the event; and the notice must contain all prescribed information including the period of parking, the grounds for liability and details of the appeal process.
| ⚠️ Warning: If the Notice to Keeper was not received within the statutory window or does not contain all prescribed information, keeper liability under PoFA Schedule 4 does not arise. Check the dates on your documents carefully. |
BPA vs IPC — Two Trade Associations
| Trade association | ADR scheme | Main operators |
|---|---|---|
| British Parking Association (BPA) | POPLA — Parking on Private Land Appeals | ParkingEye, NCP, APCOA |
| International Parking Community (IPC) | IAS — Independent Appeals Service | Excel Parking, Smart Parking |
Operators must be members of one of these two accredited trade associations to access DVLA keeper data. If an operator is not a BPA or IPC member it cannot legitimately obtain your name and address from the DVLA and the charge is almost certainly unenforceable.
The Five Strongest Appeal Grounds
1. PoFA Non-Compliance
Check every date on your notices against the PoFA Schedule 4 requirements. A Notice to Keeper sent on day 57 instead of day 56 destroys keeper liability.
2. Inadequate Signage
The operator must prove that the contractual terms (charge amounts, restrictions) were clearly displayed at the point of entry and throughout the car park. POPLA and IAS regularly uphold appeals where signs were inadequate, poorly lit, or positioned where a motorist could not reasonably have seen them before parking.
3. Genuine Emergency or Medical Circumstance
Documented genuine emergencies are a ground for appeal at both POPLA and IAS. Provide evidence (hospital letter, medical record) — operators frequently cancel charges in these circumstances before adjudication.
4. Legitimate Reason to Be There (Grace Period)
The BPA Code of Practice requires operators to allow a minimum 10-minute grace period after the permitted parking period ends before issuing a charge. If you overstayed by less than 10 minutes, appeal on this ground.
5. No Keeper Liability — Identify the Driver
If keeper liability under PoFA does not apply (notice out of time, non-compliant), the operator must sue the driver not the keeper. If you were not driving, you are not liable. Note: you are not obliged to identify the driver — unlike with a police Notice of Intended Prosecution, there is no legal requirement to name the driver in a private parking dispute.
The CCJ Risk — Why Ignoring Is Not Always Safe
If you ignore a private parking charge, the operator may issue a Letter of Claim (pre-action letter) and then county court proceedings. If you also ignore the court papers (N1 claim form), the court will enter a default County Court Judgment (CCJ) against you without a hearing. A CCJ stays on your credit file for 6 years and can be enforced by bailiffs. Always respond to court papers — even if you intend to defend. (Source: CPR Part 12 — Default Judgment)
| 💡 Tip: If you receive court papers, file an Acknowledgment of Service (N9) within 14 days online at moneyclaims.service.gov.uk to buy 28 days to prepare a defence. This costs nothing. |
| Disclaimer: This article is for information only and does not constitute financial, legal or tax advice. Figures are correct at date of publication but may change. Always check primary sources (gov.uk, FCA register) and consult a qualified adviser for guidance tailored to your situation. |
Frequently Asked Questions
If I appeal do I lose the discounted rate?
Under BPA Code of Practice, if you appeal within 28 days and your appeal is rejected, the operator must offer you the discounted rate (usually 40–50% of the original charge) for a further 14 days after the appeal rejection. You do not lose the discount by appealing first.
Can the operator clamp or tow my car?
Clamping on private land is a criminal offence in England and Wales under the Protection of Freedoms Act 2012 section 54, unless the operator holds a specific SIA licence. Towing is also illegal without a court order. If your car is clamped or towed on private land, call the police.
Does paying an private parking charge admit liability?
Practically yes — payment constitutes acceptance of the charge. If you intend to appeal, do not pay first. The appeal process is free and you retain the right to pay the discounted rate after a rejected appeal.
| Sources |