Millions of private parking charge notices (PCNs) are issued in the UK every year, and most people pay them without realising they have significant rights to challenge. Private parking charges are fundamentally different from council-issued penalties — they're based on contract law, not criminal law, and the rules that apply to them are very different. Before you pay a private parking charge, you need to understand what it actually is, whether it's enforceable, and what your options are for challenging it.
What is a Parking Charge Notices?
A private parking charge notice is not a fine — it's a contractual claim for damages from a private landowner or their parking management company. When you park on private land, you're entering into a contract with the landowner (usually by accepting terms displayed on signage). If you breach those terms (overstaying, not paying, parking in the wrong bay), the parking operator claims you owe a charge. Since the Supreme Court decision in ParkingEye v Beavis (2015), these charges are enforceable as a matter of principle, but they must meet specific conditions.
Red flags to watch for
Following ParkingEye v Beavis, the Supreme Court indicated that £85 was not an unreasonable charge. The BPA and IPC codes of practice currently permit charges up to £100 (or £120 in limited circumstances). Charges well above this may be challengeable as penalties.
For the contract to be enforceable, the terms must be brought to your attention before you park. If signage was hidden, unclear, or absent, the contract may not have been formed and the charge is unenforceable.
Under the Protection of Freedoms Act 2012, a parking charge sent to the registered keeper (rather than the driver) must be sent within 14 days. A late notice may remove the operator's ability to pursue the keeper.
To access DVLA data (to find the registered keeper's address), operators must be members of the BPA (now IPC) or the IAS-accredited trade association. Operators without accreditation have no lawful way to identify you.
The operator's code of practice should require a clear appeals process. If the notice doesn't explain how to appeal, the operator may not be following their code — which can be grounds for challenge.
Your legal rights
The Protection of Freedoms Act 2012 (Schedule 4) created the framework for private parking charges on the registered keeper. It requires the operator to send a 'Notice to Keeper' within 14 days of the contravention if they want to pursue the keeper rather than the driver. The Supreme Court in ParkingEye v Beavis [2015] UKSC 67 held that parking charges are enforceable if they serve a legitimate interest and are not extravagant or unconscionable. The Parking (Code of Practice) Act 2019 established a single Code of Practice for private parking, administered by the Parking Code Compliance and Enforcement body. POPLA (for BPA/IPC members) and the IAS provide independent appeals services. A County Court claim for an unpaid charge requires the operator to prove the contract existed, was breached, and that the charge is a genuine pre-estimate of loss.
Questions to ask before you sign
- 1Was there clear, visible signage displaying the terms and charges before I parked?
- 2Was the charge notice sent within 14 days of the alleged contravention?
- 3Is the parking operator a member of the BPA/IPC or an accredited trade association?
- 4What is the appeals process, and is there independent adjudication available?
- 5Is the charge amount in line with the relevant code of practice?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.