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Should we pay a fine from a private parking company?
My partner has received a parking charge from a private firm. This car park was free, but must now be owned by a private company. He took someone there to do some driving lessons. They did not park or use a space and the boy driving was just learning how to use gears. The car had L plates on and a learners top hat. As my partner was not driving and didn't actually park does he still have to pay this fine?
Asked on 8 June 2023 by Karen Dean
Answered by
David Ross
As you say the charge occurred on private land, you can appeal. Firstly you need to check if the company operating the car park is a member of a trade body, either the British Parking Association (BPA) or International Parking Community. If this is the case, you should start by appealing the charge with the company who issued the ticket first. Write to them, giving them the ticket number, your registration number, the date the ticket was issued and explain why you think the charge is not applicable. Include any evidence you have available to evidence this, such as dashcam footage if you have it. You do not need to explain who the driver was, just that you are the owner of the vehicle. If this is not successful you can then appeal to the relevant trade body using the same process.
If the company is not part of a trade body, you need to write to the company in the same way and explain that you will not be paying the charge. Again, do not say who the driver was, only that you are the registered keeper, because this means you can deny responsibility for being the driver at the time and cannot be pursued for the charge. Remember to include all the available evidence you have and explain why you think the charge is unfair and will not be paid.
The crucial point to remember is that because this occurred on private land, it is not technically a 'parking ticket' but an invoice. These companies do not have a right to fine you, only to send you an invoice based on what they see as a breach of contract. You can also complain to the owner of the land if you are not successful.
If the company is not part of a trade body, you need to write to the company in the same way and explain that you will not be paying the charge. Again, do not say who the driver was, only that you are the registered keeper, because this means you can deny responsibility for being the driver at the time and cannot be pursued for the charge. Remember to include all the available evidence you have and explain why you think the charge is unfair and will not be paid.
The crucial point to remember is that because this occurred on private land, it is not technically a 'parking ticket' but an invoice. These companies do not have a right to fine you, only to send you an invoice based on what they see as a breach of contract. You can also complain to the owner of the land if you are not successful.
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