How to Appeal a Private Parking Fine

How Private Parking Charges Work

When you park on private land, the operator claims you entered into a contract by driving onto their site and parking there. The terms of that contract are set out on signs at the car park. If you breach those terms, for example by overstaying or not paying, the operator issues a parking charge notice.

The charge is typically £100, reduced to £60 if paid within 14 days. The operator gets your name and address from the DVLA through the KADOE (Keeper at Date of Event) system. To access KADOE, the operator must be a member of an Accredited Trade Association: either the British Parking Association (BPA) or the International Parking Community (IPC).

If the operator is not a member of either, they cannot obtain your details from the DVLA. Without your details, the charge is practically unenforceable.

The Key Legislation: POFA 2012, Schedule 4

The Protection of Freedoms Act 2012 is the most important piece of legislation for private parking disputes. Schedule 4 creates "keeper liability," allowing operators to pursue the registered keeper of a vehicle when they cannot identify the driver.

But keeper liability is conditional. Four conditions must be met:

1. The operator has the right to charge the driver but does not have the driver's name and current address.
2. Proper notice procedures were followed. Either a notice was left on the vehicle and a Notice to Keeper was served within the correct window, or a Notice to Keeper was served within 14 days (where no windscreen notice was given).
3. The operator applied for keeper details from the DVLA within the notice service period.
4. Statutory display notices about parking charges were present at the car park when you parked.

If any of these conditions is not met, the operator loses the right to pursue the keeper. The charge might still be valid against the driver, but since the operator cannot identify the driver, it is effectively dead.

Step 1: Appeal to the Operator

Your charge notice will include instructions for appealing. Most operators accept appeals online or by post. You usually have 28 days.

In your appeal, be specific. The strongest grounds are:

• 14-day rule breach. Count the days from the parking event to the deemed delivery of the Notice to Keeper. If it is late, say so and cite POFA 2012, Schedule 4, Paragraph 9.
• Inadequate signage. If the terms were not clearly displayed at every entrance and throughout the car park, no valid contract was formed.
• ANPR errors. Request the entry and exit images. If the timestamps are wrong or the images are unclear, the evidence does not support the charge.
• Grace period. The BPA and IPC codes require a consideration period. If you overstayed by a small margin and no grace period was applied, challenge it.

One important point: do not identify yourself as the driver. Respond as the registered keeper. This preserves your position because if POFA conditions were not met, the operator cannot hold the keeper liable. Confirming you were the driver gives the operator a direct claim against you regardless of whether they followed the keeper liability rules.

Step 2: Escalate to POPLA or IAS

If the operator rejects your appeal, they must provide an appeal code for the relevant independent body.

• BPA members (ParkingEye, NCP, APCOA, UKPC) are appealed through POPLA at popla.co.uk. Free. 28 days from rejection.
• IPC members (Excel Parking, Horizon Parking) are appealed through IAS. Free within 21 days, or £15 if appealing after 21 days (up to 1 year).

POPLA and IAS decisions are binding on the operator but not on you. If they uphold your appeal, the charge is cancelled permanently. If they reject it, the operator can continue pursuing payment, but you have lost nothing by trying.

At POPLA, submit all your evidence: photographs of signage, the charge notice, your appeal correspondence, ANPR images (if you obtained them), and any other supporting documents. Focus on one or two strong grounds rather than a scattergun approach.

What Happens After POPLA

If POPLA rules in your favour, it is over. The operator must cancel the charge and cannot pursue it further.

If POPLA rejects your appeal, the operator may continue to chase payment. They may pass the debt to a collection agency. In some cases, particularly with ParkingEye, they may issue a county court claim. Most operators do not take it that far because the cost of litigation outweighs a single parking charge. But some do.

If you receive a Letter Before Action, you should respond. If you receive a county court claim form, you must file a defence within the specified time. Do not ignore court papers.