Most motorists have experienced that sinking feeling when you get a parking ticket stuck to your windscreen.
Whether it's going slightly over the time you've paid for, or taking a risk and parking where you know you really shouldn't, the majority of drivers will fall victim to a parking ticket at some point in their lifetime. In fact, an estimated 22,000 are dished out every day, or eight million a year.
Parking tickets are big business. There's even a trade show running this week at Birmingham showcasing the latest high-tech equipment on the market to catch unsuspecting motorists. But serious concerns are being voiced by motoring organisations, consumer groups, MPs and ministers that Britain’s 35m motorists are being fleeced.
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The Government is preparing to launch a new Private Parking Code of Practice — set to come into force by the end of 2023. But several major parking firms have launched cases against the new code and blocked two key policy measures.
The code wanted to slash — from £100 to £50 — the maximum amount for a Penalty Charge Notice. Parking firms want to raise the cap to £120. They argued that a reduction to £50 would lead more drivers to flout rules because a ticket, if paid at the half-price rate within 14 days, would in many cases be cheaper than paying for parking.
A plan to ban debt-collectors from hounding drivers who feel they have been treated unfairly and do not pay within a time limit has also been scuppered.
However, other measures survive of the code, including:
- A compulsory 10-minute grace period after tickets expire.
- A simpler and fairer independent appeals system to give more drivers the benefit of the doubt in cases of honest mistakes or mitigating circumstances.
- Rogue operators who fail to follow the code could be banned from accessing DVLA data, principally drivers’ home addresses.
More than eight out of 10 motorists issued with a parking ticket simply paid up early — to benefit from the ‘discounted’ rate — rather than risk paying double after a lost appeal. But more than one in five did appeal to the parking operator, and of these, more than half (51.7%) were successful.
Sir Greg Knight MP, who took the Parking (Code of Practice) Act through Parliament, said ‘unscrupulous rogues’ had undermined the parking sector with bad practice. He said: "Action is needed because many dodgy operators are still engaging in unacceptable practices while using a threatenig and intimidating process to fleece motorists."
The British Parking Association, with more than 750 members, defends the industry and has set up its own claims system Parking On Private Land Appeals — or Popla. The BPA highlights consumer research which "shows that the public is more concerned with the parking behaviour of other motorists than of parking operators" and says: "They want to see that the minority of motorists who do not follow the rules and show no regard for others are dealt with effectively, while recognising instances where people make a genuine mistake are shown leniency."
Here we look at the different types of parking ticket you can get and what you should do if you are issued with one.
What are the types of parking ticket?
Different rules apply to tickets issued by public officials, such as police officers or council workers and private companies, which include multi-storey car parks, supermarkets, hospitals, retail parks and so on.
The common types of tickets are:
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Fixed Penalty Notice : usually issued by the police, for instance on a red route or white zigzags. Can also be issued by councils.
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Penalty Charge Notice (PCN) or Excess Charge Notice (ECN) : Issued by local authorities, typically if you park for too long on public land or are parked in an incorrect spot in a public area.
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Parking charge notice : Issued by private companies for breaching parking rules on private land, eg parking for three hours in a supermarket car park when the maximum is two hours.
Is the ticket justified?
If you’re at fault, you’ll need to consider whether the amount you’re being asked to pay is justified. If you are convinced the ticket you’ve received from an official body is unfair, the key is to act fast so you can pull together evidence as soon as possible.
How can you challenge a parking ticket?
Before you decide which course of action to take, you need to find out who issued your ticket. It should be stated clearly if your ticket came from the council or police. According to Citizens' advice, the following steps should be taken for appealing tickets:
Penalty Charge Notice
Step 1: Write to the council clearly explaining why you object – this is called making an informal appeal. You’ll have 14 days to make an informal appeal from when you were given the notice, or 21 days if it was sent to you by post. Include any evidence you have. Make sure you include the date the ticket was issued, your address, your vehicle registration number and the penalty notice number. If your appeal is successful, your PCN will be cancelled and you won’t have to pay.
Step 2: If your appeal is rejected, you'll be sent a letter and a form called a ‘notice to owner’. This gives you 28 days to make a formal appeal, which is free and the notice to owner will tell you how to do it. You can usually get a 50% discount if you pay soon after your informal appeal is rejected. If you don’t appeal and don’t pay within 28 days, the penalty will go up by another 50%.
Step 3: If your formal appeal is rejected, you’ll be sent a letter called a ‘notice of rejection’. You can challenge the council’s decision at an independent tribunal. It’s free to do and you don’t have to go to the tribunal – you can submit your reasons and evidence in writing. Appeal online on the website of the Traffic Penalty Tribunal. If the independent tribunal disagrees with your appeal and you don't pay up within 28 days, the penalty will go up by another 50%. The council can then take you to court – your credit rating might be affected and you might also have to pay court costs.
Excess Charge Notice
Step 1: You have at least 7 days to make an appeal. It’s free to appeal and the ECN will tell you how. You can usually get a 50% discount if you pay soon after your informal appeal is rejected.
Step 2: If your appeal is rejected and you don’t pay, the council can take you to the magistrates’ court. You can tell the court why you don’t think you have to pay.
Parking Charge Notice
Step 1: Check if the parking company is a member of an accredited trade association (ATA). If it isn’t, don’t contact them unless they write to you first. They probably won’t be able to find your details - only ATA members can get your name and address from the DVLA. You can check British Parking Association (BPA) or International Parking Community (IPC) websites to see if a parking company is a member of an ATA. You can also call the BPA on 01444 447 300.
Step 2: If you get a ticket in the post from a non-ATA member, they have got your address and they might have got your details illegally, but you should reply. You can complain to the DVLA about them possibly sharing your data illegally by writing to Data Sharing Strategy and Compliance Team, DVLA, Swansea, SA99 1DY. If you’re not happy with their response, you can report the breach to the Information Commissioner.
Step 3: Check on the notice if you must use the parking company’s website or if you can write to them with your reasons for objecting. You must write to them before you make a formal appeal to an independent appeals service. Include any evidence you have. For a hospital parking ticket, you should send evidence to the parking company if your appointment was running late. Ask the hospital receptionist to print a note on headed paper, saying there were delays.
Step 4: If the parking company is an ATA member, you can appeal to an independent appeals service. It’s free to do, so it’s worth trying if you still think your ticket was unfair. They might see things differently to the parking company and agree that your ticket should be cancelled. The way to appeal will depend on if the parking company that gave you the ticket is a member of the BPA or IPC approved operators scheme. Make a formal appeal to Parking on Private Land Appeals (POPLA) if they’re a BPA parking company. If they’re an IPC member, make a formal appeal to the Independent Appeals Service.
Step 5: If your formal appeal is rejected or you can't appeal, there are still things you can do but you’ll risk having to pay more money:
- Let the parking company take you to court. Don't pay your parking ticket and the parking company will decide if it’s worth taking you to court. If they do and you lose, you’ll have to pay the fine, which could go up by then and you might have to pay court costs. However, if you win, you won’t have to pay the fine and the parking company might have to pay court costs.
- Pay and make a small claim to get the money back. If you don’t want the parking company to take you to court, you should pay your parking ticket but say you’re ‘paying under protest’. Put it in writing so you can keep a copy. Then you can go to court and make a ‘small claim’ to try to get your money back. You’ll have to pay a fee to make a small claim and you might also have to pay court costs if you lose your case.
Fixed Penalty Notice
Step 1: Check the Fixed Penalty Notice to see if it was issued by the council or the police. Write to them, clearly explaining why you object – this is called making an informal appeal. Include any evidence you have, because this will give you a greater chance of success. Make sure you include the date the ticket was issued, your address, your vehicle registration number and the penalty notice number
Step 2: If your informal appeal is rejected, you’ll be sent a letter saying your notice won't be cancelled.
Step 3: The only other option is to ask for a hearing in a magistrates’ court. This can be expensive as your fine will increase by 50% if you lose, and you’ll have to pay court costs. You'll receive a refund for the Fixed Penalty Notice if your appeal is successful.
What if you've been clamped or towed?
Having your car clamped or towed away isn’t a nice thought and can leave you with worries of how much it’ll cost to get your car back, or if you can remove the clamp yourself.
If you’ve been clamped on private land, c heck the notice left with the clamp to see if it’s from the police, the council, the DVLA, or a private company acting on their behalf. They’re the only ones allowed to clamp your car on private land.
You should call the police on 101 if you’ve been clamped by a private landowner or company working for them. The police will remove the clamp. Don’t remove the wheel clamp yourself – you could be taken to court for criminal damage. You could also be taken to court for theft if you keep the clamp.
Your car can be clamped if:
- You’ve parked illegally : your car is parked on roads or public land, causing an obstruction (this includes if your car has broken down).
- Your insurance is invalid : Make sure your car insurance hasn’t expired, or that you've set up your renewal or new policy correctly.
- You’re considered a danger to other road users : The DVSA can clamp overloaded or unroadworthy vehicles.
- If you’re driving a commercial vehicle : You’ve been driving for too many hours or haven’t paid previous fines.
Your car can be towed if:
- You’ve parked illegally : The police and local councils can tow cars which are causing an obstruction, including cars that have broken down.
- Your vehicle is untaxed : the DVLA (Driver and Vehicle Licensing Agency) can tow any untaxed vehicle.
- Your insurance is invalid : Make sure your car insurance hasn’t hasn't expired, or that you've set up your renewal or new policy correctly.
How can I avoid getting a parking ticket in the first place?
- Avoid double yellow lines : Even if you’re only parked for two minute, don’t park on double yellow lines. The only exception is if you’re stopping to load or unload your vehicle.
- Avoid clearways : A clearway is marked with a red cross over a blue background and means no stopping at any time, even to pick up or drop off passengers.
- Make sure your ticket is displayed clearly : Make sure you display your parking ticket clearly so it can be read clearly by a parking warden.
- Be aware : Even if cars around you aren't displaying tickets, search for signs and make sure you're not disobeying local restrictions. If you use a Blue Badge, don't assume that disabled parking is always free.
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