44 | OCTOBER 2019
Motoring
Read online at www.proinstaller.co.uk
NINE TIPS FOR APPEALING
PRIVATE PARKING TICKETS
Landowners are well within their rights to monitor and charge for the service of providing vehicle owners
with a space to park up, so motorists who break reasonable rules should pay reasonable additional charges.
But tickets issued in pri-
vate car parks are actually invoic-
es, not official council parking
fines, even if they look very
similar, so there’s no reason for
drivers to be unnecessarily out of
pocket.
It can often be misleading,
perhaps deliberately, as both are
chequered yellow and can be
abbreviated to ‘PCN’, but private
Parking Charge Notices are not
the same as local authorities’
Penalty Charge Notices.
Potential grounds for appeal-
ing against private companies
include broken ticket machines,
unclear signage, honest human
error, unforeseen circumstances
such as breakdowns or health
issues and excessive charges
beyond the losses the landowner
could reasonably have incurred.
Tim Alcock from LeaseVan.
co.uk said: “The number of
private parking tickets issued has
risen every year over the past
decade, but many of these may
have been issued unjustly.
“With each parking charge
costing up to £100 each, it’s vital
drivers are prepared for to fight
their corner if they think the tick-
et is unfair.
“So we’ve decided to issue
some useful guidance that could
help motorists if they’re issued
with a potentially unfair private
parking charge.”
Here are the nine
LeaseVan.co.uk tips for
appealing unfair private
parking tickets:
1. Don’t automatically
pay then appeal
It’s much more difficult to try to
recoup money you’ve already hand-
ed over, so contest an unfair charge
before making any payment.
2. Remember private
parking tickets
aren’t fines
Only councils have the official
authority to issue parking fines – a
ticket issued by a private compa-
ny is simply an invoice for what,
in their opinion, is a breach of
contract. So if you’re confident the
ticket was unfair or not legitimate,
you could simply write to the
company and make it clear why
you won’t be paying, rather than
engaging with their usual com-
plaints system – especially if the
company isn’t a member of a trade
body.
3. Contact the
landowner directly
If a parking firm have been em-
ployed by a shop, hospital, leisure
facility, stadium or attraction, for
example, then contact the place
you parked up directly. They may
overrule and cancel your ticket
if you’re a loyal customer, have a
valid excuse or if the issue could
damage their reputation.
4. Bear in mind
discounts
If tickets are payed within a
fortnight, a rate reduced by a
minimum of 40 per cent must
be offered. Appeals don’t extend
this 14 day window for a lower
charge though, so only peruse
your case if you’re sufficiently
confident or can afford the full
amount should you be unsuc-
cessful.
5. Gather and keep
evidence
Take photographs of your ve-
hicle, the car park, bays, signage,
entrances, conditions, circumstanc-
es – anything that could prove
your case. Keep copies of all
correspondence, receipts and any
witness statements too.
6. Conduct relevant
research
Rather than simply writing an
angry letter or quickly filling out
forms, it could help your cause
to conduct some legal research.
Including certain phrases and
making a clear, well supported
argument with precedent along-
side your evidence could make the
difference between success and
failure.
7. Keep an eye out for
ticketing technicalities
If the parking ticket issues has
made a clear error, breached their
own or industry rules, or broken
the law themselves, at any stage of
the process, then this could help
your cause or even invalidate your
ticket.
8. Be prepared for court
In extreme cases, a private
parking company could take you
to court to claim the money they
believe they’re owed. But if you’re
convinced you’re in the right and
willing to spend the time and
effort of fighting the company, you
don’t have to back down if legal
recourse is threatened.
9. Beware threatening
or unaccredited firms
Written correspondence de-
manding payment, from the car
park operator or debt collection
agencies, are complaints regarding
a billing dispute. They can’t send
bailiffs to your home or damage
your credit score, unless they take
you to court, win, and you still
refuse to pay.
We’d never advise drivers to
ignore letters in case it gets them
in to bigger trouble, but some
independent parking firms may
not have your details unless you
provide them, as unregistered
companies have no right to access
DVLA data.
Ultimately it’s up to individual
British drivers to assess the merits
of appealing or accepting private
parking tickets on a case by case
basis. LeaseVan.co.uk accepts no
responsibility for the consequenc-
es of following any of their nine
top tips.