/ Motoring

Parking fines: your questions answered

Have you ever had a Parking Charge Notice (PCN) that you felt was unfair? Do you know how to challenge or appeal it? We’ve rounded up and answered your questions.

Every month, thousands turn to Google to find answers on how to challenge or appeal a Parking Charge Notice (issued by a private company) or a Penalty Charge Notice (issued by a local authority).

But regardless of which type of fine they get, many come to Which? Conversation to air their frustrations or to seek advice.

And what’s more, we know the majority of council-issued PCN appeals are actually successful.

Which? Consumer Rights: Parking tickets

More than 8.6 million PCNs were issued in England (excluding London) and Wales for parking, bus lane contraventions and the Dartford Crossing charge in 2016/2017, according to the most recent stats from the Traffic Penalty Tribunal.

And while a miniscule 0.43% were appealed, 57% of those were successful.

That means you may want to challenge any PCN you get which you think was wrongly issued or is unfair.

Your PCN queries answered

More than three years ago we published Barry Beavis’s account of why he decided to fight a £85 PCN in court.

Mr Beavis’s gripe was with a charge issued for parking on private land at a retail park. He argued the £85 fine was not a genuine reflection on the company’s loss by his overstaying.

He may have lost in the County Court, Court of Appeal and Supreme Court, but the post attracted more than 1100 comments from people applauding Mr Beavis’s efforts and seeking advice for their own PCN woes.

Here are some of the common complaints and reasons why you might appeal.

If you’re in Scotland or Northern Ireland, the rules are a little different so you’ll need to look up your local rules for appealing.

‘I paid for parking but accidentally put in the wrong registration number’

This is unfortunate and a very frustrating situation, but could have good grounds for an appeal if you can prove you paid (with your bank card statement) and a picture of your car’s actual registration.

When you pay for parking on private land, the contract is with you and the private parking company or landowner. So if you can prove you have not breached the contract on your end, your appeal may well be successful.

You can use our parking appeals tool to write a bespoke letter for free to help get you started.

But remember, challenging the ticket doesn’t extend the 14 day limit for paying a reduced charge – unless the operator agrees to extend the period, which they’re not required to do.

‘The car is mine, but I wasn’t driving it’

In cases where you receive a Parking Charge Notice from a landowner or private parking company, you can appeal the notice on the grounds that you weren’t responsible for the car when it was parked.

You can contact the company which has issued the fine and give them the full name and address of the person who was responsible for the car at the time.

Be sure to keep any emails, letters or make notes of the conversation if you opt to call. The company must cancel the parking ticket against you and send it to the other person. This is known as ‘transfer of liability’.

But if the person was a friend, family member or loved one you can opt to pay the fine instead of appealing and follow it up with them yourself.

You can also appeal a Penalty Charge Notice and a Parking Charge Notice if the car was stolen at the time the PCN was issued.

‘I bought a car and got sent a PCN for the previous owner’

In this scenario, you’re not responsible for the parking ticket and can appeal on the basis that at the time the PCN was issued, you were not the owner of the car.

Make sure you include any details you have about the previous owner, a copy of the registration certificate and evidence of when you bought the car.

‘I got a Parking Eye fine – can I challenge it?’

As with any parking ticket, you can challenge it – but whether you’re successful will depend on whether it was justified and fair (ie you actually broke the terms and conditions of the carpark).

We understand most of the successful appeals against Parking Eye are because you were a legitimate user of the land.

Before appealing, contact the business you were using and show them evidence you were a customer.

Often they will then write to Parking Eye themselves or give you a letter you can use to appeal your ticket.

For example, if you were a genuine shopper and only overstayed a short time, you may want to provide evidence of purchases (such as receipts and bank statements) and the letter from the business you were using.

Or if you were at a hotel for a conference which over-ran, you could provide evidence of your invitation and confirmation from the host that the event ran on longer than expected.

Another avenue is inadequate signage – go back to the carpark and look for signs about time limits. Are they clear? Are they visible?

Make sure you always follow the appeals procedure set out by the private company or the council. You can find this on their website or in the correspondence they’ve sent you.

Have you had any successful PCN appeals you can share? How did you do it? Or what about any unsuccessful ones? Why did you lose? Tell us below.

Comments

My wifes car was in the garage last week and they parked the car when they had it on a car park. We recieved a parking charge notice as a result. She had no ticket or anything like that on my windscreen.

She received a parking charge notice. This is not a council or government penalty charge notice. This is from a private company. So we were not going to pay this fine as it’s difficult and costly for them to enforce. However are there cases of them being able to take people to court over parking?

I will try to get the garage to pay for the ticket as they were the ones who made me get the ticket. If not then I’ll appeal it.

I’ll see if I can post pictures of it

Not being the driver is a good challenge, Harry. The garage was responsible for the car being in the wrong place and should take responsibility for the consequences.