How to get out of a parking ticket, legally!
2 minute read | May 22, 2017
That moment of dread as we see the parking ticket featuring the fine amount with instructions to pay to within X amount of days or feel the wrath of a thousand papercuts.
Thankfully, we’re here to tell you that it may be possible to ignore the letter, you shall pay no fine today!
Private dancer
According to the RAC Foundation, millions of drivers could be in line for a refund after being fined for parking on private land, a legally unenforceable act in most cases.
The rules for parking on private land differ somewhat from council run property. For starters, tickets accrued from private land aren’t fines, but invoices. If you overstay your welcome, parking fine notifications can be issued, which will not affect your credit rating if left unpaid and bailiffs cannot be sent to recover any monies owed.
When you park on private land, you are effectively entering into an unwritten contract with the owner of the land making it a contractual matter, as opposed to a civil one.
The issuer of the invoice can take you to court for failing to pay, but often that is time consuming and costs more than the ticket is worth. Instead, they will continue to hound the recipient until they buckle and pay.
Pay on site
Any legitimate parking firms will not request payment of a fine up front. Instead, they will issue communication by post or email. Do not pay up front.
Fighting a ticket
If you receive a ticket from a private parking firm DO NOT accept liability. Doing so will legitimise the ticket and give the chaser cause for continuing their pursuit. Instead, refuse to pay any ticket and include “without prejudice” on the letter as this will ensure that no information in the letter can be used against you.
If the company rejects your dispute, ask for an official reference number from the company and their reasons for rejection and escalate it to the firm’s trade member association. They will refer you to POPLA, the independent Tribunal for Parking Fines. Around 40% of appeals are upheld in favour of the public.
Remember that you have 28 days to appeal after the firm has rejected your dispute.
Small claims court
If you refuse to pay the ticket, the company could issue a County Court Judgement against you. If that’s the case and you lose, you will be required to pay the ticket but not the company’s costs. Hence, if the ticket is for £100, the chances are it will cost them more than £100 to bring it to court. Only 2-5% of cases go to court per year.
Where’s my refund?
You may recall at the beginning of this article we made reference to millions of drivers being due a refund from these dodgy parking firms. This comment was made by Professor Stephen Glaister, the director of the RAC Foundation, but he failed to follow up how they go about that or if anyone has ever succeeded. If you have applied for a refund having paid an invoice from a dodgy parking firm, please let us know.
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