Legal Information

Private Parking Rights

Private landowners have the legal right to manage and control parking on their property. When a motorist parks on private land, they enter into a contractual agreement with the landowner based on the terms and conditions displayed on the signage at the site.

If a motorist breaches these terms — for example by overstaying a time limit, parking without displaying a valid ticket, or parking in a restricted area — the landowner (or their appointed operator) may issue a Parking Charge Notice (PCN) as a contractual charge for breach of the parking terms.

This is distinct from local authority penalty charge notices. Private PCNs are civil contractual charges, not criminal fines. However, they are legally enforceable through the county court system.

Keeper Liability (POFA 2012)

The Protection of Freedoms Act 2012 (POFA), specifically Schedule 4, introduced keeper liability for private parking charges. This means that if the driver of a vehicle cannot be identified, the registered keeper of the vehicle becomes liable for the parking charge.

For keeper liability to apply, the operator must:

• Be a member of an accredited trade association (such as the BPA)
• Have the relevant authority from the landowner
• Display adequate signage at the site
• Issue a Notice to Keeper within the prescribed timeframe (currently within 14 days of the contravention, or within 29 days if DVLA enquiry is required)
• Include all required information in the Notice to Keeper

The keeper may transfer liability to the driver by providing the driver's details through the appeals process or by responding to the Notice to Keeper.

Supreme Court Ruling

In November 2015, the Supreme Court delivered its landmark judgment in the case of ParkingEye Ltd v Beavis [2015] UKSC 67. This ruling confirmed that private parking charges are enforceable, provided they are not a penalty.

The Supreme Court held that a parking charge of £85 (discounted to £50 if paid within 14 days) was not an unfair penalty because:

• The charge was clearly displayed on prominent signage
• The motorist had freely chosen to park and accept the terms
• The charge served a legitimate purpose of managing parking facilities
• The amount was proportionate and not extravagant

This ruling provides clear legal authority for private parking operators to issue and enforce parking charges, subject to the conditions outlined above.

Enforcement & Debt Recovery

If a Parking Charge Notice is not paid and no successful appeal is made, the following enforcement process may be followed:

1. Initial PCN: Issued at the time of contravention or sent by post. Usually offers a discounted rate for early payment (typically within 14 days).
2. Notice to Keeper: If the PCN remains unpaid, a formal notice is sent to the registered keeper of the vehicle via DVLA data.
3. Reminder Letters: Further correspondence may be sent reminding the keeper of the outstanding charge and the consequences of non-payment.
4. Debt Recovery: The debt may be referred to a specialist debt recovery agency who will pursue payment on behalf of the operator.
5. County Court Claim: As a final step, a claim may be filed in the County Court. If successful, a County Court Judgment (CCJ) will be registered against the debtor, which can affect their credit rating.

We always encourage motorists to engage with the process at the earliest opportunity. If you believe your PCN was issued in error, please use our online appeals process.

Appeals Process

If you believe your Parking Charge Notice was issued unfairly or in error, you have the right to appeal. We operate a fair and transparent appeals process:

1. Internal Appeal: Submit your appeal through our online appeal form with any supporting evidence. We will review your case and respond within 28 days.
2. Independent Appeal (POPLA): If your internal appeal is rejected and you disagree with the decision, you may escalate your case to the Parking on Private Land Appeals service (POPLA), which provides independent, impartial adjudication.

The POPLA decision is binding on the operator but not on the motorist. If POPLA upholds your appeal, the PCN will be cancelled. If POPLA rejects your appeal, you may still have the option to pay at the discounted rate (subject to operator discretion) or contest the matter through the courts.