Rupert Jones 

How to challenge a parking fine or penalty charge notice and win

Not all tickets are the same - if you think a fine was issued unfairly, what you need to do depends on who issued it
  
  

Parking charge notice on a car window
A private parking company or landowner will give you a parking charge notice. Photograph: Lynne Sutherland/Alamy

Parking tickets can be confusing as the two main types are both often abbreviated to PCN and are yellow chequered in appearance, says the British Parking Association (BPA), one of the main trade bodies.

A penalty charge notice is usually issued by a council and is given for a parking infringement on public land such as a high street or council car park.

Meanwhile, a private parking company or landowner will give you a parking charge notice. You might get one, for example, if you parked for too long in a supermarket car park.

(There are two other types of “official” parking fine: some councils issue excess charge notices that apply to public land, while the police among others can issue fixed-penalty notices for things such as parking on a red route.)

If you have been issued with a parking ticket that you think is unfair, what can you do to challenge it?

One of the first things to do is to make sure all the details on the ticket are correct, as it could be void if there is a mistake. For example, check the location and time match up with where you were parked.

If you plan to appeal, gather your evidence. If a ticket is on the windscreen when you get back to your car, take contemporaneous photos of signs and road markings, particularly if they are unclear, or take pictures of where they should be if they are missing.

The website Confused.com recently launched a parking sign translator tool that lets you upload an image of a confusing sign and then supposedly offers a simple summary of what it says about when you can or can’t park.

If you receive a council penalty charge notice, the first step is to write to the council within 14 days to make an informal appeal, explaining why you think the fine should be cancelled.

Include details of any mitigating circumstances – for example, if you had to attend a hospital appointment but it ran over.

If this is rejected, you will be sent a letter and a form called a notice to owner. You will typically have to decide whether to pay and “enjoy” a 50% discount, or make a formal appeal – you have 28 days to do the latter. If this appeal is unsuccessful, you will receive a notice of rejection.

However, you can challenge the decision at an independent tribunal – it’s free and you don’t have to attend. For England and Wales, appeal online via the website of the Traffic Penalty Tribunal. For Scotland it’s the General Regulatory Chamber, and for London, visit the website of London Tribunals.

For a parking charge notice, the ticket will give details of the issuer and, hopefully, how to appeal. Assuming it is from a parking firm, check if it is a member of an accredited trade association such as the BPA or International Parking Community (IPC). If the firm isn’t, don’t contact it unless it writes to you first, says Citizens Advice.

You will first need to follow the firm’s internal appeals process. The websites of organisations such as Citizens Advice, Which? and MoneySavingExpert.com have template letters you can use.

If you are not successful, you can appeal to Popla (Parking on Private Land Appeals) if the firm is a BPA member. If it is an IPC member, appeal to the Independent Appeals Service.

If your appeal is rejected or you cannot appeal, you could choose not to pay and see if the company takes you to court – but that could be risky and expensive.

“Don’t pay a parking ticket that you’re appealing. Usually, paying is seen as admitting the ticket was right,” says Citizens Advice.

 

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