Not All Parking Fines Are Legal
Just because you've received a parking fine doesn't mean it's valid. Many fines are issued incorrectly, and both councils and private operators make mistakes. Here's a systematic checklist to determine whether your fine is legal.
Checks for Private Parking Charges
- Is the operator accredited? They must be a member of the BPA or IPC and hold a DVLA contract to access keeper data. An unaccredited operator has no legal backing.
- Was signage adequate? Clear, prominent signs must be displayed at the entrance and throughout the car park.
- Was the NtK served in time? Under POFA 2012, the Notice to Keeper must arrive within the required period.
- Does the NtK contain all required information? It must include the amount, a description of the alleged breach, appeal rights, and how to identify the driver.
- Is the charge proportionate? Following ParkingEye v Beavis, charges must be proportionate and serve a legitimate interest.
Checks for Council PCNs
- Is there a valid Traffic Regulation Order? The restriction must be backed by a legal TRO. You can request this from the council.
- Are the signs and lines correct? They must comply with the Traffic Signs Regulations and General Directions.
- Was the PCN served correctly? It must be placed on the vehicle or served by post within the legal timeframe.
- Is the contravention code correct? The code must match the alleged offence.
What to Do If It's Not Legal
If any of these checks fail, appeal immediately citing the specific failure. An illegally issued fine should be cancelled.
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