A legal commentator has outlined six potential grounds to challenge a private parking charge notice, but the advice does not apply to council fines, and people are urged to act quickly.
Understanding the Type of Fine
Legal commentator Kal, on his Better Call Kal YouTube channel, explains that this advice only applies to parking charge notices issued by private firms, not council-issued penalty charge notices. He clarifies that council tickets are legal fines, while private ones are contractual matters.
Kal stresses the importance of first establishing what type of fine you have received before determining your next move. He advises that anyone who receives a parking charge notice from a private company should not simply ignore it, as they have six years to pursue the matter.
Six Grounds for Challenge
Kal explains that there are very real reasons why you can contest a private parking fine. He states: This is when you can fight these guys and I have seen people win on these all the time.
- Unclear signage: If the signage was too small, badly placed, hidden, or not obvious, you may argue that no proper contract was formed.
- Broken payment machine: If the payment machine was broken and there was no reasonable way to pay, this is a strong ground for a challenge.
- Paid and displayed correctly: If you paid and had a valid permit but the parking authority got it wrong, you should challenge.
- Straight error: Sometimes private parking authorities make a simple mistake.
- Mitigating circumstances: Genuinely mitigating circumstances such as breakdowns, health emergencies, or issues beyond your control could result in the charge being thrown out.
- Incorrect recipient or timing: The fine must have been issued to the correct individual within a reasonable time.
Council Fines Are Harder to Challenge
When it comes to council-issued parking fines, Kal warns that options are slightly more limited. The main grounds for contesting a local authority penalty include inadequate signage or road markings, holding a valid permit or exemption, or genuinely believing no parking violation took place. A procedural error at the point the fine was issued can also form the basis of an appeal. Kal added: It is very difficult to challenge and win an appeal against the council.
What to Do If You Receive a Parking Fine
If a driver does receive a parking fine, Kal advises first checking whether it is legal, meaning it must have been issued by either a council or a registered parking authority. A valid fine should clearly state the time and date of the alleged contravention, the exact location, the reason for the penalty, and supporting evidence. Once you have confirmed the fine is legitimate, Kal urges motorists to act early.
