Private car park operators often issue tickets or fines to drivers who violate parking rules on their property. However, many motorists are unsure if these charges are legally enforceable.

This article examines the legal status of private parking fines in the UK and what drivers should know about their rights and responsibilities.

Are Private Parking Fines Legally Binding?

Private parking operators cannot issue official fines or penalties. Only local authorities and the police have the power to issue legally binding parking fines. What private companies issue are actually invoices, often called “Parking Charge Notices” (PCNs).

When you park on private land, you enter into an unwritten contract with the landowner by agreeing to their displayed terms and conditions. If you breach these terms, the operator can issue a PCN as a charge for breach of contract.

Can You Be Forced to Pay?

Initially, a private parking charge is not legally enforceable on its own. However, the operator can take you to court to recover the money if you don’t pay. If they win the case, the court can order you to pay, making the charge legally binding.

What the Law Says

The legal landscape around private parking enforcement has evolved in recent years:

  1. The Protection of Freedoms Act 2012 allows private parking companies to hold the vehicle’s registered keeper liable for unpaid charges if the driver cannot be identified.
  2. The Parking (Code of Practice) Act 2019 aimed to introduce a single code of practice for the industry, but its implementation has faced delays.
  3. In 2015, a Supreme Court ruling (ParkingEye v Beavis) established that parking charges could be enforceable if they are not “extravagant and unconscionable.”

Should You Pay or Challenge the Charge?

If you receive a private parking charge, you have several options:

  1. Pay the charge, especially if offered at a discounted rate for prompt payment.
  2. Appeal to the parking company if you believe the charge is unfair or incorrect.
  3. Appeal to an independent adjudicator if the company is a member of an accredited trade association.
  4. Ignore the charge, but be aware this could lead to court action.

Key Considerations

  • Check if the parking company is a member of an accredited trade association like the British Parking Association (BPA) or International Parking Community (IPC).
  • Carefully read all signage in car parks to understand the terms and conditions.
  • Keep evidence (photos, receipts) if you plan to challenge a charge.
  • Be aware that ignoring charges can lead to increased fees and potential court action.

While private parking charges are not the same as official fines, they can become legally enforceable if taken to court. Drivers should carefully consider their options when receiving a PCN, weighing the potential costs and stress of a court case against the original charge.

Always check the credentials of the parking operator and seek advice if unsure about your rights.