Latest updates
5 March 2008
Report from Which? -
www.which.co.uk
Parking Fines - Know Your Rights
There are more than 70 reasons why you could be given a parking ticket. Some of the most common include parking on yellow lines, parking in residents’ parking areas without a permit and not displaying a valid ticket in a pay and display area.
The good news is that there are ways of appealing most kinds of ticket if it was given unfairly or mistakenly.
Who enforces parking rules?
Depending on where you are, different organisations enforce parking rules, including local councils, the police, private companies or Transport for London.
If you do get a ticket, your rights vary depending on who issued it and whether you were parked on the street or in a car park.
On-street parking is enforced by either traffic wardens (employed by the police) or parking attendants (employed by the council).
In most parts of England, Wales and Northern Ireland, and many urban areas of Scotland, most on-street parking is enforced by council-employed parking attendants, who issue Penalty Charge Notices (PCNs) through the civil justice system.
New laws coming into force on 31 March 2008 mean these types of council parking attendants will now be called Civil Enforcement Officers, and civil parking enforcement re-christened Civil Parking Enforcement.
Police traffic wardens enforce more serious parking rules, such as Priority or Red Route regulations, by issuing Fixed Penalty Notices (FPNs) through the criminal justice system.
Enforcement for parking on the street
If you're caught breaking parking or waiting rules in an area where decriminalised parking enforcement is in operation, you will be issued with a Penalty Charge Notice (PCN).
From 31 March 2008, PCNs will also be issued by post in places where cameras catch cars breaking the rules or when a civil enforcement officer is prevented by a motorist from issuing the ticket at the scene, either by driving away or using abusive behaviour. Cameras are already used in this way in London.
You will usually have 28 days to either pay the charge or challenge it. If you pay within 14 days (21 days for those caught on camera), the amount is reduced by 50%.
If you think you shouldn't have to pay
You have the right to appeal if you think a PCN has been issued unfairly or incorrectly.
See the section: How to appeal a Penalty Charge Notice
Enforcement in council car parks
Some council car parks have parking attendants who can issue Penalty Charge Notices (PCNs), which you can challenge in the same way as a PCN issued to a vehicle parked on the street.
In areas where decriminalised parking enforcement has not been introduced, some local authorities issue Excess Charge Notices (ECNs) or Standard Charge Notices (SCNs) in their car parks or in metered or pay-and-display bays on the street.
Like PCNs, these are processed by the local council and enforcement takes place in the local Magistrates’ Court if there is a dispute or problem.
Enforcement in private car parks
Car parks run by private companies are not covered by the same rules as council-run ones are. Instead they are governed by contract law.
Car-park operators can decide which types of vehicle can use their spaces, how long they can stay, how much they must pay, and enforce special bays (such as for Blue Badge holders) and where vehicles may not park.
If you break the terms of the car park you could be given a parking ticket. However, car park operators must have signs that state their terms clearly. If you have been given a ticket for breaching a term that you were not made adequately aware of, you may be able to challenge the ticket with the car park operator or in the county court.
If your car is clamped
Returning to your car to find a parking ticket is galling – discovering you have been clamped is even worse. Your rights if this happens depend on who fitted the clamp.
In Scotland, you should not have a problem with clamping - the courts have ruled that the practice is akin to extortion and have banned it altogether.
If you are clamped by the council
If you are clamped by a council parking attendant, they should do so only if a Penalty Charge Notice (PCN) has been issued and 15 more minutes have passed. From 31 March 2008 this 'grace' period will be extended to 30 minutes for all but the most persistent offenders.
If you believe your car was unfairly clamped, you can appeal, but you'll have to first pay the release fee to free your car, and then appeal later. You appeal using the same system that deals with PCNs.
If you are clamped on private land
If you are clamped by a private security officer on private
land, there is no centralised system of appeals.
Private parking enforcement firms now have to be licensed by the
Security Industry Authority, so most firms have their own
appeals process, which will be explained on your clamping or
parking notice.
If the private security firm rejects your appeal, you can make a claim at the small claims court to get your money back.
To appeal a Penalty Charge Notice (PCN) and/or a council clamp fee
Very few people appeal parking tickets, but two-thirds of those who do appeal win their case. Here’s how you can appeal different types of parking ticket.
There are several legal grounds for appealing against a PCN, including that the alleged parking contravention did not actually happen, or that when the vehicle was parked it had been taken without your consent.
A full list of grounds for appeal is available on the National
Parking Adjudication Service website.
You may also think you shouldn't have received a ticket because
of exceptional circumstances (for example, you had stopped your
car to help at an accident).
Step one
Start your appeal informally by writing to the council explaining in detail why the ticket was wrong. Include any evidence to support your case, such as receipts, witness statements or photos. If you write within 14 days of receiving the notice the early-payment discount period is usually frozen until you receive a response.
Those who have received a postal PCN should start the appeals
process from Step 2 (below).
Do not pay at this stage, as once you've paid it’s almost
impossible to get a refund.
Step two
If you are appealing against clamping fees and the council does not respond at all within 56 days of receiving your letter of appeal, it must cancel the PCN and refund the release fee you have paid.
If the council rejects your informal appeal, you will be given have the opportunity to appeal formally to the council. This is called making formal representations, and the council will inform you how to do this.
Those who receive a ticket by post only have the option of starting their appeal at this formal representations stage. In this case there is a 21 day discount payment period.
Step three
If the council rejects your formal appeal, you will receive a Notice to Owner (NTO) that officially orders you to pay the original charge. It also tells you how to present a further appeal to independent adjudicators.
You have 28 days from the date of the NTO to either pay or lodge a formal appeal. If you do neither, the council has the right to increase the fine by 50%. If you still don’t pay, the council can register the debt at the county court and can then send bailiffs to recover it.
Step four
If you don't agree with the council’s decision, you can lodge a formal appeal with the independent parking adjudication service. There are four services for different parts of the UK. The NTO will tell you which one to write to, and also has information about how to present your appeal.
You will be able to opt for either a postal or personal hearing, and adjudication service staff will then send you formal acknowledgement that your appeal has been received and registered.
Step five
If you have asked for a postal decision, you will be notified of the week in which your appeal is due to be decided. If you have asked for a personal appeal, you will usually receive at least 21 days’ notice of when and where this will be held.
Adjudicators are independent experienced legal professionals who will come to a decision after looking at information from both the person appealing and the council.
To appeal an Excess Charge Notice (ECN) or Standard Charge Notice (SCN)
ECN and SCN appeals are dealt with by the council that issued the notice.
Step one
Within seven days of receiving the notice, write to the council
explaining why the notice is unfair or wrong. Include any
evidence to support your case, such as receipts, witness
statements or photos.
Some councils allow appeals to be made online, so check the
council’s website for details. The early-payment discount period
will usually be frozen while your case is examined.
Step two
You should receive a written response within 14 days. If the council rejects your appeal, but you still don’t believe you should have to pay the fine, you will usually be able to appeal again by writing to a more senior parking official.
The response from the council will explain how to do this. However, ECNs and SCNs are not dealt with by the independent adjudication services, and some councils only allow one appeal.
To appeal a Fixed Penalty Notice (FPN)
FPNs issued by a police officer or police traffic warden are dealt with through the criminal justice system. The only official system of appeal is to opt to have your case heard in court and plead not guilty.
However, some police forces do allow an informal appeal, when you can write a letter explaining why you don’t think you should have to pay. If this is possible in your area, information about where to write to will be included with the FPN.
Step one
If you are allowed to, write to the Central Ticket Office address on the notice within 14 days of receiving the notice explaining why you think the FPN is wrong or unfair. Include any evidence to support your case, such as receipts, witness statements or photos.
Step two
If your informal appeal is rejected, you will be asked to pay the original fine or opt to have your case heard in the magistrates’ court. If you do nothing, you’ll receive a summons to go to court.
Step three
To opt for a court hearing, fill in Part III on the reverse of the ticket and return it to the address provided.
You will then receive a summons and be asked to fill out and return a Plea and Mitigation form. You can use the Mitigating Circumstances page to give additional information about your case, or explain why you are pleading not guilty.
Step four
There will be an initial hearing, at which you will need to plead not guilty, and you will have to say whether you want to call any witnesses to the trial. You do not necessarily need to attend this hearing – it can be done by post.
The magistrate will then list your case for trial. You will be told of a hearing date which you, or your legal representative, must attend to set out your case in defence.
Step five
The actual trial will be based on the principle that you are innocent until your guilt is proved ‘beyond reasonable doubt’. At your trial you’ll be given the chance to put across your case, call any witnesses to support it and present any evidence you have.
Step six
Motoring offences are made up of numerous elements and the prosecution (usually a representative of the Crown Prosecution Service) must prove every element of the offence. If the verdict is guilty you will be ordered to pay the fine and possibly court costs as well. A not guilty verdict means all against you will be withdrawn and you will not have to pay the penalty or court costs.