Private Land Parking — Different Rules Apply
Parking charges on private land are fundamentally different from council penalties. They are not fines — they are contractual charges (invoices) issued by private companies. The operator claims you breached the terms displayed on their signage, creating a contractual obligation to pay. Understanding this distinction is crucial for your appeal.
Your Rights Under POFA 2012
The Protection of Freedoms Act 2012 (Schedule 4) governs how private operators can pursue parking charges. Key protections include:
- The operator must be a member of an accredited trade association (BPA or IPC).
- A Notice to Keeper must be served within the required timeframe.
- The NtK must contain specific prescribed information.
- You have the right to appeal to an independent body.
Common Grounds for Appeal on Private Land
- Inadequate signage: Terms must be clearly communicated before you enter.
- No contract formed: If you weren't aware of the terms, no contract exists.
- POFA non-compliance: If the operator failed to follow POFA requirements.
- Disproportionate charge: Must serve a legitimate interest per ParkingEye v Beavis.
The Appeal Route
Appeal to the operator first within 28 days. If rejected, escalate to POPLA (for BPA members) or IAS (for IPC members). These independent bodies offer free decisions that bind the operator but not you.
Generate Your Appeal Letter
Know your rights on private land. Generate your personalised appeal letter in minutes with CancelMyFine — just £4.99. Visit CancelMyFine.co.uk for expert help.