How to avoid and fight parking fines
It's a hideous moment – when you return to your car, van or motorbike to find a parking ticket slapped on it. Yet our Money Saving Expert Martin Lewis says you shouldn’t automatically pay it. If you think it was unfair you should challenge it all the way, and he’s here to show you how.
1) First work out who actually gave you the parking ticket
You can actually only be fined by an official body such as police or a council – they issue the official ‘Penalty Charge Notice’ or ‘Fixed Penalty Notice’ tickets.
Parked anywhere else, such as hospital or supermarket car parks, then you’ve not been fined, though what they stick on your window does a better impression than Rory Bremner. These notes are dressed up like the official fines to give them weight– often using a similar name like ‘Parking Charge Notice’, or have chequered lines – but they’re not fines, they’re just invoices.
2) What counts as unfair?If you’ve parked in the wrong place, or got it wrong, you should pay it – parking fines are there primarily to prevent inconsiderate drivers blocking roads for others. Or they allow landowners to protect themselves from people parking where they shouldn’t.
But if you think it’s unfair, you should challenge it. While there are different rules depending on the ticket type, I’ve stuck with council tickets: these are the typical things you can complain about.
- Incorrect or unclear signage- Fines issued when parking sign is suspended- Errors by wardens (eg, you were legit to park, they got it wrong)- Getting ticket while on way to put money in meter- Faded road markings- Details were missing from your ticket
There’s also a certain amount of discretion councils have when it comes to appeals. For instance, there may be mitigating circumstances to explain why you parked ‘illegally’ and councils generally should listen to them – but there is no certainty. I was let off one when my scooter got a flat tyre and I parked for two minutes to check, for safety. It was an automatic video fine, I got them to look at the footage. It was obvious why I’d stopped and I was let off.
However, there are things you may think are unfair that strict rules say aren’t. For example, going to get change for a meter isn’t an excuse. Nor is parking when the pay-and-display machine is broken or covered up as this usually means you cannot park there.
If you’re planning to fight any type of ticket see Martins ‘Parking ticket appeals’ guide for full help and free template letters.
3) Get evidence at the timeTake pictures on your phone to help prove the case – eg, of unclear or bad signage. Note down exact times and the situation. If something happened and there was a witness, politely ask people standing by if they’d volunteer.
4) How to appeal a council fineThere are different rules depending on whether it’s a council or police fine and which of the UK’s nations it’s in. So this is based on English Penalty Charge Notices.
One key to all this is the fine. Normally if you pay within 14 days the fine is halved. So if it’s £80 you only pay £40.
Step 1 – Informal appeal: If you got a ticket in person, write within 14 days explaining why you think it’s unfair. It’s a letter not a form. Include all supporting evidence. If you got a postal ticket or clamp, this stage doesn’t exist. If you’re turned down, usually the 14 days to pay at the reduced rate starts from that point.
Step 2 – Formal appeal: You can now submit a formal appeal within 28 days, but if the appeal fails you won’t be able to pay at the reduced rate (if it succeeds you won’t pay anything). You do this by filling in a formal appeal form. If the council doesn’t respond to the formal appeal within56 days you’ll win by default.
Step 3 – Independent tribunal: As you’re paying the full fine anyway if you lose, you may as well take it on as it can’t get worse. The independent tribunal is free and impartial and you don’t need to attend.And56% of cases that go to the final appeal stage are successful.
5) How to appeal a ticket from a private firmThe most important thing to understand is these are just invoices, not fines. They have no power to fine you, nor can they hurt your credit file, or send bouncers round unless they go to court and get a ruling against you. See Martin’s ‘Private parking appeals’ guide for full info.
Frankly there is a Wild West out there among parking firms, some play fair, some have dodgy practices – such as the case of a man in Stockport who was meant to have seen a pay-and-display sign that was written in tiny letters. So if you get an UNFAIR ticket there are a number of routes.
Super-militant. Some among the anti-ticket fighters simply say ignore it; others however war against it. Force them to take you to court – which tends not to happen. Don’t be intimidated. This is a high-risk strategy but can work. The problem is if you do go to court, not responding can look bad.
Stay tough. Simply write back explaining that you’re refusing their invoice and explaining why it’s unfair. Then leave it. This technique does tend to work, but they can go to court.
Follow their appeals system. In some ways this is you accepting the legitimacy of the ticket, so if you’re going to do the route above, don’t appeal. Yet a small number of firms are a member of either the British Parking Association or International Parking Community, so there is an official independent appeals system in place if the firm rejects you.
If the worst happens you can always go and have your day in court. Ensure you think it’s worth it to do that – it can take time and be stressful. Then again you have a right to justice.