Parking Claim
Defence

Advice on how to dispute and defend against parking charge notices and claims from the unregulated private parking companies and their shady debt recovery agents.

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This website, dedicated to assisting motorists who have become the victims of parking charges issued by private parking companies (PPCs). A majority of victims of these "scammer" PPCs are duped into thinking that these are "fines". They are not. They are speculative invoices for alleged debts for breaching the terms of a contract. The PPCs are more often than not, companies that have been set up by ex-clampers and other scammers who used to operate on or even outside the margins of the law.
This website will be a free resource to enable the victims of these rogue companies to fight back against the thuggish PPCs who are totally unregulated.

With thanks to the MoneySavingExpert.com parking forum regulars who dedicate huge amounts of their own time helping the victims of these predatory PPCs.

PAP link1 Plan A PPCoP PoFA compliance Enforcement Tactics POPLA Plan C Draft content More draft Forum

The BIG problem

Have you or anyone you know been stung with a parking charge notice from a private parking company? Do you or did you think it was a "fine"? Was it expected or a surprise?

PAP Plan A Plan C PoFA PPCoP Enforcement
Tactics
 More content

 Draft stuff

 Forum

The BIG problem with private parking companies

The private parking industry in the UK is unregulated, and this has led to numerous complaints about its operations. MPs across all parties in Parliament have called these companies "rogues", "rip-off merchants", "cowboys", "scammers" and "bloodsuckers" who "fleece" their victims. This article will explain why the unregulated private parking industry is a huge problem and what this means for the public.

Firstly, the private parking industry in the UK is not subject to any statutory regulation. While local authorities are responsible for enforcing parking regulations on public roads and car parks, there are no equivalent regulations for private car parks. This means that private parking companies can set their own rules, charges and enforcement methods without any oversight or regulation.

Secondly, private parking companies (PPCs) are not obliged to comply with any code of conduct or industry standards. While some companies have voluntarily joined trade associations, such as the British Parking Association (BPA) or the International Parking Community (IPC), there are no mandatory rules or regulations that these companies must adhere to. This lack of regulation has led to numerous complaints about unfair practices, including excessive charges, unclear signage, and aggressive enforcement tactics.

Thirdly, the lack of regulation has resulted in a proliferation of PPCs, many of which are small, unprofessional and many of them ex-clamper rogues. Most of these companies operate in a predatory manner, targeting vulnerable or elderly drivers with misleading advertising or signage. Others use intimidation tactics and threatening legal action to enforce their parking charges.

Currently, PPCs issue roughly 35,000 parking tickets every day, often adopting a labyrinthine system of misleading and confusing signage, opaque appeals services, aggressive debt collection and unreasonable fees designed to extort money from motorists. Steve Gooding, the Director of the RAC Foundation said: "if only the rest of the economy was booming like the private parking sector, perhaps we'd all be feeling more prosperous." He also said “Private parking looks set to be a billion pound-a-year business, if it isn’t already, with demands for up to £100 a time being sent out to drivers at the rate of more than one every three seconds.

Despite the numerous complaints and calls for regulation, the government has been slow to act. While several bills have been introduced in Parliament to regulate the private parking industry, none have yet been passed into law. Some have suggested that the powerful lobbying of the industry has played a role in preventing regulation.

The Department for Levelling Up, Housing and Communities (DLUHC) published in February 2022, a statutory Code of Practice, found here: PRIVATE PARKING CODE OF PRACTICE. Whilst it is known that the rogue parking industry have filed Judicial Reviews and have delayed the new Code of Practice, the Government is pressing ahead and has conceded to undertake a final Public Consultation and Impact Assessment.

In conclusion, the lack of regulation in the private parking industry in the UK has led to numerous complaints about unfair practices and predatory behaviour. The government must take action to regulate this industry, and ensure that drivers are protected from unscrupulous parking companies. Until then, drivers should exercise caution when using private car parks, and be aware of their rights when challenging unfair charges or enforcement actions.

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Alternate intro...

The Need for a Private Parking Code of Practice: Addressing Unscrupulous Behavior in an Unregulated Industry

Introduction

The UK's private parking industry has long been accused of engaging in predatory practices, with MPs from across Parliament referring to them as "scammers," "cowboys," "ex-clampers," and other derogatory names. The industry's unregulated nature has led to a rise in robo-claims and credit clamping, with companies abusing the court system to extort money from unsuspecting drivers. This article will discuss the issues surrounding the unregulated private parking industry and the need for a government-introduced Private Parking Code of Practice (PPCoP) to protect the public.

Unregulated Industry: A Breeding Ground for Unfair Practices

The private parking industry in the UK operates without statutory regulation, allowing companies to set their own rules, charges, and enforcement methods without oversight. This has led to numerous complaints about unfair practices, including excessive charges, unclear signage, and aggressive enforcement tactics.

The lack of mandatory industry standards exacerbates the problem. While some companies have voluntarily joined trade associations like the British Parking Association (BPA) or the International Parking Community (IPC), these associations, themselves unregulated, do not enforce mandatory rules or regulations.

The Predatory Nature of Private Parking Companies

The unregulated environment has resulted in a proliferation of PPCs, many of which are small, unprofessional and run by ex-clamper rogues. These companies often target vulnerable or elderly drivers with misleading advertising or signage and use intimidation tactics and threatening legal action to enforce their charges.

Currently, PPCs issue approximately 35,000 parking tickets daily, employing a system of misleading signage, opaque appeals services, aggressive debt collection, and unreasonable fees to extort money from motorists. Steve Gooding, Director of the RAC Foundation, highlighted the booming private parking sector, stating that "if only the rest of the economy was booming like the private parking sector, perhaps we'd all be feeling more prosperous."

Government's Response and the Introduction of the Private Parking Code of Practice

Despite numerous complaints and calls for regulation, the government has been slow to act. However, the Department for Levelling Up, Housing and Communities (DLUHC) published a statutory Code of Practice in February 2022, aiming to address the rogue parking industry's malpractices. The industry has filed Judicial Reviews and delayed the new Code of Practice, but the government is moving forward with a final Public Consultation and Impact Assessment later this year (2023).

Conclusion

The unregulated private parking industry in the UK has caused significant issues due to unfair practices and predatory behaviour. The introduction of the government's Private Parking Code of Practice is a crucial step toward protecting drivers from unscrupulous parking companies. Until its implementation, drivers should exercise caution when using private car parks and be aware of their rights when challenging unfair charges or enforcement actions.

What to do about your parking ticket...


Private parking charge notices (PCNs) can be a frustrating experience for drivers and registered keepers (RK) who receive them. These notices are issued by private companies when a driver has allegedly breached the terms and conditions in a privately owned car park, such as overstaying or not paying for parking.

If you receive a private parking charge notice, there are several things you should consider before taking any action. Firstly, it's important to check the validity of the charge and whether the company issuing it is a member of a professional trade association, such as the British Parking Association (BPA) or the International Parking Community (IPC). If they are, they must follow a code of practice and provide clear information on how to challenge the charge.

It's also important to gather as much evidence as possible, such as photos of the signage at the car park, any receipts or tickets and any correspondence with the parking company. This will help you to build a case if you decide to challenge the charge.

When considering what to do next, it's important to understand that private parking charge notices are not the same as fines issued by the police or local authorities. They are essentially invoices for breaching the terms of the parking contract. However, if you ignore the notice, the parking company may take legal action against you, which could result in further costs and potentially a court case.

If you decide to challenge the charge, there are several options available such as appealing to the parking company, using an independent appeals service, or taking legal action. It's important to carefully consider which option is right for you.

But do you really want to pay these rogues a penny?

Here at ParkingCon, our aim is to assist as many as possible of the victims of these cowboy, ex-clamper scammers to fight back and put a dent in their profits. As has already been mentioned, this is already a billion pound industry that thrives on the publics ignorance of the law surrounding private parking.

Far too many victims of the parking ticket scam are either gullible or vulnerable. These ex-clamping thugs are exploiting the fact that the industry is unregulated and they are free to run amok using all means at their disposal including the court system.

Almost every private parking company that uses the courts to try and enforce their scams use a small group of solictors firms who a notorious for their robo-claim methods and flirting at the very edge of the law when it comes to bringing court action. We will name and shame these companies as we go along.

Before we get there, if you have received a private parking charge, please read on... 

The four plans...

    If you have received a Parking Charge Notice (PCN) from a private parking company (PPC), you may feel frustrated and unsure of what to do next. However, it is important to take action and respond to the notice, as failing to do so may result in additional fees or legal action being taken against you.

    Here are four plans of action that you can take in response to a PCN from a PPC:

    Plan A: Complain to the Landowner/Store
    If you believe that the PCN is unjustified or unfair, you can make a complaint to the landowner or store where you received the notice. This can be done in writing or by speaking to a manager on site. Be sure to explain the circumstances of the incident and provide any relevant evidence, such as receipts or photographs. (Sample letter/email)

    Plan B: Appeal using the PPCs own appeal site using a template that we suggest
    Many PPCs offer an appeals process that allows you to challenge the PCN. This can often be done online through the PPC's website. When appealing, be sure to provide as much information as possible to support your case. It can also be helpful to use a template or guidance from a reputable source to ensure that your appeal is structured correctly and includes all necessary information.

    Plan C: Appeal to the PPCs "Independent" Appeals Service
    Some PPCs may offer an independent appeals service, which allows you to challenge the PCN if your initial appeal was unsuccessful. This process is similar to the initial appeal, but you may need to provide additional evidence or information to support your case. It is important to note that some independent appeals services may not be truly independent, so be sure to research the service before submitting an appeal.

    Plan D: Wait for a Court Claim and Defend Robustly
    Using our defence templates where a truly independent arbiter, a Judge, will decide. If your appeals are unsuccessful, you may receive a court claim from the PPC. It is important to take this seriously and respond to the claim in a timely manner. You can defend against the claim by using a defence template or guidance from a reputable source to structure your defence and provide evidence to support your case. If you choose this option, a judge will ultimately decide the outcome of the case.

    In conclusion, if you receive a PCN from a PPC, it is important to take action and respond to the notice. By using one or more of these plans, you can challenge the PCN and potentially avoid additional fees or legal action. Be sure to research the options available to you and seek guidance from a reputable source to ensure that your response is structured correctly and includes all necessary information.

Initial Do's & Don'ts

Do not give away the identity of the driver

When a private parking company (PPC) issues a Parking Charge Notice (PCN) through the post, they will initially send it to the registered keeper (RK) of the vehicle. This is because the PPC obtains the details of the RK from the Driver and Vehicle Licensing Agency (DVLA) based on the RK details listed in the V5C registration document.

It is important to note that under the Protection of Freedoms Act 2012 (PoFA 2012), a PPC can only hold the RK liable for a parking charge if certain conditions are met. These include providing a compliant Notice to Keeper (NTK) within a specified timeframe and following other procedural requirements. If the PPC does not comply with these conditions, they cannot hold the RK liable for the parking charge and there is no obligation for the RK to provide the details of the driver. Unless the drivers identity has been revealed inadvertently, usually because the RK contacts the PPC and say things like "I parked..." or "I drove to...". In law, the "driver" and the "RK" are two separate entities.

The old advice about ignoring PCNs is many years out of date. If you receive a PCN as the RK of the vehicle, it is important to take action and respond to the notice. This can include appealing the PCN on various grounds, such as procedural errors, lack of signage, or unclear terms and conditions.

It is important to note that if you were not the driver of the vehicle at the time of the alleged parking violation, as the RK, you should only transfer liability to the driver if the PCN is definitely PoFA 2012 compliant. However, you should still not reveal the driver's identity in the initial appeal, as this may give the PPC an opportunity to transfer liability to the RK.

In summary, when a private parking company issues a PCN, they will initially send it to the registered keeper of the vehicle based on the RK details listed in the V5C registration document. If you receive a PCN as the RK, it is important to respond to the notice and consider appealing the PCN. When appealing the PCN, you should not reveal the identity of the driver in the initial appeal, as this may give the PPC an opportunity to transfer liability to them instead.

Facts that you should be aware of...

There is a difference between receiving a PCN as a windscreen ticket and one that is sent to you by post because of an ANPR camera. A ticket or PCN that is stuck to the windscreen is known as a Notice to Driver (NtD). This is because the operative who issues the ticket assumes that the person who discovers the ticket will be the driver of the car. However, they do not know the identity of the driver. It matters not whether they have seen the driver for themselves or not. They still don't know the "identity" which is the name and address of that person. They do not have access to the DVLA drivers licence details and they don't have some magic database with the photo identity of every driver in the UK.

PCN, NtD, NtK...

If an NtD was stuck to the windscreen and the driver has not appealed or contacted the PPC within 28 days, they should then send by post a PCN otherwise known as a Notice to Keeper (NtK). The "keeper" or registered keeper (RK) is the person whose details are registered on the cars logbook, the V5C. The PPC can request those details, only once, from the DVLA if the PPC is a member of an Accredited Trade Organisation (ATA) which is approved by the DVLA. 

POPLA, IAS. Independent?...

There are only two ATAs for PPCs and neither is regulated. They are the British Parking Association (BPA) or the International Parking Community (IPC). Both of these ATAs are very incestuous because their boards are made up with directors from their own member PPCs. Both of these ATAs have their own, supposedly, Independent Appeals Service (IAS). The BPA has the Parking on Private Land Appeals Service (POPLA) and the IPC have the Independent Appeals Service (IAS). Neither of these services are independent as they are owned and operated by the ATAs themselves. This should always be kept in mind if or when using their appeals services.

Appeal or fight...

If you really want a truly independent arbiter, you would need to have a judge decide for you whether you have been charged lawfully or not. The only way you would get to have a judge decide would be if the PPC decided to take you to court. As mentioned in the "Four plans..." article, Plan D is the one that is the most likely to get you out of the clutches of the PPCs demands for money.

Glossary

  • Accredited Trade Association (ATA)
    A parking operator must be a member of an Accredited Trade Association (ATA) that is recognised by the DVLA to be able to request the Registered Keeper’s details if they have ‘reasonable cause’.
  • AOS
    Approved Operator Scheme (AOS) is the BPA’s Accredited Trade Association for people and organisations that undertake management of parking on private land. Members of the AOS must adhere to the BPA AOS Code of Practice.
  • ANPR
    Automatic Number Plate Recognition is a technology that uses specialist cameras, software and image processing to capture vehicle registration plates and converts the registration plate images into data. Photographs are taken at the entry and exit points of a car park showing when a vehicle arrives and when it leaves.
  • ATA
    Accredited Trade Association, is an organisation accredited by the DVLA. There are two ATAs, the BPA and the IPC.
  • BPA
    The British Parking Association. One of two Approved Trade Associations.
  • Consideration Period
    An opportunity for a Motorist to read the terms and conditions applicable to the use of the Private Land
  • Driver
    Is the person driving the vehicle at the time the alleged breach of the parking terms and conditions (contravention) occurred.
  • DVLA
    Driver and Vehicle Licensing Agency
  • Grace Period
    A period at the end of a Permitted Period of Parking
  • IAS
    The IPC’s Independent Appeals Service. (Not actually "independent")
  • ICO
    Information Commissioner's Office
  • Internal Appeal
    Any written communication to a PPC to cancel the Parking Charge for whatever reason
  • IPC
    The International Parking Community. One of two Approved Trade Associations
  • KADOE
    Keeper At Date Of Event is a system used by the DVLA in the United Kingdom to provide RK details to PPCs. It is important to note that the KADOE system is not foolproof, as it can only be applied for once and is a snapshot of the RKs details on that day only. Many RKs forget to update their V5C details when they change address.
  • Keeper liability 
    Under Schedule 4 of the Protection of Freedoms Act (2012) a Registered Keeper may become liable to pay a parking charge if the driver is not known or the driver’s details have not been provided by the keeper within the timescales outlined in Schedule 4 Protection of Freedoms Act (2012).
  • Keeper
    The person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the Registered Keeper (RK).
  • Keeper data
    The details of a Vehicle’s Registered Keeper (RK).
  • Keeper liability
    The transfer of liability of an unpaid Parking Charge to the Keeper of a Vehicle under the provisions of Schedule 4 of PoFA 2012.
  • Landowner
    The owner or occupier of the land at the location of the car park.
  • Motorist
    The Driver, Keeper or other vehicle users on Private Land. This term has no proper legal definition and is often used ambiguously by some PPCs to entrap their victims.
  • Notice to Hirer (NtH)A parking charge notice which is addressed to the person or company which hired the vehicle at the time of the contravention. If you seek to rely on the Protection of Freedoms Act (2012) it must meet the conditions of Schedule 4 of the Protection of Freedoms Act (2012), in particular paragraph 14.
  • Notice to Keeper (NtK)
    A parking charge notice which has been issued to the registered keeper. If the Protection of Freedoms Act (2012) is mentioned on the notice, the operator will be utilising the legislation and the notice must meet the conditions of Schedule 4, paragraph 8 (if the notice is issued after a Notice to Driver) or paragraph 9 (if this is the first notice issued).
  • Parking charge
    Parking charge Parking charge means a charge arising when a driver who breaches the terms and conditions of parking on private land, agrees to a charge that is advertised in the parking contract; for example, for an overstay or trespasses by parking without permission. It does not mean the normal parking tariff fees for parking, which are outside the scope of the Code.
  • Parking Charge Notice (PCN) 
    A document placed on a vehicle, or sent by post to the registered keeper or hirer, by the car park owner, operator or their agent when there is evidence to believe that the terms and conditions for parking on a site, as detailed on the terms and conditions signs, have been breached.
  • Parking contract 
    The agreement between the driver and the owner or operator of a car park on private land. The contract is offered by the signage and accepted when the motorist remains on site.
  • Parking event
    The date, time and location when the parking charge was recorded.
  • Parking tariff
    The fee that allows a driver to pay for parking in a car park on private land.
  • Personal data
    Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. (GDPR)
  • PoFA 2012 
    Schedule 4 of the Protection of Freedoms Act (2012).
  • POPLA
    The supposedly "independent" appeals service of the BPA, POPLA (Parking on Private Land Appeals)
  • PPC
    Private Parking Company
  • Private car park 
    Any car park that is on private land and is not subject to statutory control.
  • Reasonable Cause
    Regulation 27(1)(e) of the Road Vehicles (Registration and Licencing) Regulations 2002, provides for disclosure of registration particulars where "any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him".
  • Relevant land 
    This is defined in paragraph 3 of Schedule 4 of the Protection of Freedoms Act (2012).
  • Recovery charges 
    Supplementary charges that an operator may add for a debt recovery process and/or solicitor fees and/or court fees to pursue a parking charge notice. Technically, these are not allowed if a claim goes to Small Claims Court.
  • Registered Keeper (RK)
    The person in whose name the vehicle is registered on the logobook (V5C) with the DVLA.
  • V5C
    A V5C is a vehicle registration certificate, also known as a logbook, issued by the DVLA. The V5C contains important information about a registered vehicle, including its make, model, colour, engine size, and vehicle identification n The V5C also lists the RK of the vehicle and includes information on any previous keepers. The V5C is an important legal document that must be kept up to date. Failure to update it can lead to a fine of up to £1,000.

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