How to Appeal a Private Parking Ticket

Private Parking Charges — What They Actually Are

If you've received a charge from a company like ParkingEye, UKPC, Excel Parking, Smart Parking, or similar, you've received a private parking charge — not a council PCN or a criminal fine. The distinction matters.

Private parking charges are contractual claims. The theory is that by parking on private land, you entered into a contract with the landowner (or their appointed operator) to follow the posted terms and conditions. If you allegedly breached those terms — by overstaying, not displaying a ticket, or parking in a restricted area — the operator issues a charge as a contractual remedy.

This is fundamentally different from council enforcement. Private operators are not local authorities. They do not have statutory enforcement powers. Their charges are pursued through the civil courts as contract or trespass claims, not through the criminal justice system.

Keeper Liability — POFA 2012

The Protection of Freedoms Act 2012 (Schedule 4) introduced keeper liability for private parking charges. This allows operators to hold the registered keeper of a vehicle liable for the charge, even if someone else was driving.

However, keeper liability only transfers if the operator follows strict procedural requirements:

• The charge must relate to a relevant contract (i.e. adequate signage must have been in place)
• A Notice to Driver must have been issued (either attached to the vehicle or sent by post)
• A compliant Notice to Keeper must be sent to the registered keeper within 14 days of the contravention (or within 14 days of receiving DVLA keeper data)
• The Notice to Keeper must contain prescribed information including the grounds, the amount, and how to appeal

The Appeal Process

Private parking appeals typically follow two stages. First, you appeal directly to the operator (the "internal appeal"). If rejected, you can escalate to an independent appeal service — which one depends on the operator's trade body membership:

Check the charge notice for the operator's trade body logo or membership details to determine which appeal route applies.

Common Grounds for Appeal

The strength of an appeal depends on the specific facts, but commonly raised grounds include:

• Inadequate signage — signs were not sufficiently clear, prominent, or visible at the entrance and within the car park
• Grace period not applied — the BPA Code requires a minimum 10-minute grace period. IPC code requires similar consideration. If you overstayed by a few minutes, this may apply
• POFA compliance failure — the Notice to Keeper was not sent within the required timeframe or did not contain prescribed information
• Disproportionate charge — the amount exceeds what could reasonably be considered a genuine pre-estimate of loss
• Mitigating circumstances — medical emergency, vehicle breakdown, queue at payment machine, or other circumstances beyond your control
• Payment made — you paid but the system failed to record it, or ANPR misread your registration
• Landowner authority — the operator cannot demonstrate valid authority from the landowner to enforce on the land
• Double recovery — the operator is pursuing both the driver and the keeper for the same charge