How to fight your parking fine
Feel that you were unfairly charged for parking? Here's what to do.
Councils can charge from £70 to £130 for a fixed-penalty in London, and from £40 to £70 everywhere else. If you feel like you've been unfairly fined, it can be a little confusing how to go about appealing it. The good news is you can appeal against any fine, often at little or no cost.
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10-minute grace period to be introduced
In an attempt to stop rogue parking companies from issuing fines the second a ticket expires, the government is to introduce a Code of Practice that gives drivers a 10-minute grace period after their ticket runs out.
According to Secretary of State for Housing, Communities and Local Government Robert Jenrick, the new code was introduced to, "restore common sense ... encourage people back onto our high-streets and crack down on dodgy operators".
Types of parking tickets
There are three main types of parking tickets:
Penalty Charge Notices (PCNs) are issued by local authorities and Transport for London
Fixed Penalty Notices (FPNs) are issued by the police
Parking Charge Notices are issued on private land by private companies
Challenging a PCN ticket
If you were given a parking ticket, you can appeal in writing to the local authority or online within 28 days of the date the ticket was issued. The local authority will either:
accept your challenge and cancel the ticket
or reject it and send you a "Notice to Owner" with instructions on how to pay or make a "formal challenge"
If you challenge within 14 days and the challenge is turned down, you may only have to pay 50% of the penalty charge.
If you were given a "Notice to Owner", you have 28 days to make a formal challenge. You can challenge for any reason but GOV.UK advises to:
Explain your reasons in as much detail as possible
Provide copies of any evidence or documents to support your challenge
The council then has 56 days to let you know the result of your appeal. The fine will be cancelled if they agree with you.
If it’s rejected, you can then take your case to an independent adjudicator, who'll weigh up the evidence.
READ MORE: The Blue Badge scheme explained
Challenging an FPN ticket
If you’re issued with an FPN, you have 28 days to pay it. Otherwise, the fine is increased by 50% and you’ll receive a court summons if you don’t pay the charge.
If you want to challenge the fine, you can ask for a hearing in magistrates’ court. You can find more information about it on the back of the ticket.
Challenging an Excess or Standard Charge Notice
Typically, you have 28 days to pay this charge, which can be reduced by half if you pay it off within 14 days. You can appeal to the local or charging authority who issued the ticket.
Challenging a private parking fine
If it does, you can challenge the company directly, by outlining reasons why you think the parking ticket was unfair. Most tickets will include details on how to do this.
Challenging a private parking fine from non-trade members
If the company isn’t a member of the BPA or the IPC, you can write to them directly.
The company might accept your argument, disagree but not take it further or not reply at all - in which case you win.
But if the demand continues, which is more likely, you’ll need weigh up the cost of paying for it versus dealing with it.
Grounds for appeal
Your appeal stands a better chance of success if you can show your car was ticketed incorrectly e.g. if the parking signs were not clear, or if you were displaying the correct permit.
When you submit your appeal, gather as much evidence to support your case.
For instance, take photos if the parking signs were obscured by overgrown shrubbery, or if road markings were old and faded.
First published 30 July 2015