How to Issue Parking Charges Legally in the UK
This guide details the legal grounds for issuing Parking Charges. It identifies who can issue them and describes the requirements for their validity and compliance.
What is a Parking Charge?
A Parking Charge is a contractual charge issued when a driver breaches the terms of a privately managed car park. Examples include exceeding the maximum permitted stay or failing to pay the required tariff. Unlike Parking Charges from local authorities, Parking Charges on private land are civil matters. Due to this distinction, they are court-enforceable.
Who can issue a Parking Charge?
Teaming up with an accredited operator ensures that every notice issued is valid, meets legal rules, and follows the BPA Code of Practice. Britannia Parking is a BPA-approved operator with over 25 years of experience in Car Park Management. Better yet, our stance is strengthened by our Q-Park's European expertise and adherence to governance standards.
5 Legal Requirements for Issuing a Parking Charge
Parking Charges can only be issued lawfully when operators meet legal and code standards. The following five areas define compliant practice.
1. Signage
Signage should be set up and maintained to ensure drivers understand the rules before entering and while on site. Entrance signs need to mark controlled land, outline terms of use, and list charges as per the Private Parking Code of Practice. Signs must also meet BPA standards to remain enforceable.
2. ANPR & Data Compliance
Where ANPR systems are in use, operators must adhere to the ICO Surveillance Camera Code of Practice. They need to ensure that images are clear, time-stamped, and processed solely for legal purposes. Britannia's ANPR systems are built to meet these standards. We provide auditable proof with round-the-clock monitoring.
3. Timeframes
Under the Protection of Freedoms Act 2012, notices sent by post after contravention must be served with 14 days of the parking event. For notices affixed to a vehicle (Notice to Driver), a follow up Notice to Keeper must be sent between 28 and 56 days if payment is not received.
4. Content Requirements
Every Parking Charge must include this information. Missing details could invalidate enforcement under both POFA 2012 and the BPA Code of Practice.
5. Fair Charges
The Parking Code Enforcement Framework caps most Parking Charges at £100, with a mandatory 40% discount for prompt payment. Higher amounts can only be justified if linked to demonstrable financial loss. Charges must be proportionate and clearly explained at the point of parking to remain enforceable.
How to Enforce a Parking Charge
To enforce a Parking Charge, there must be a straightforward process. This process should respect landowner rights while also treating motorists fairly. The life-cycle of enforcement usually follows four stages.
Payment Request
Once a valid Parking Charge is issued, the motorist is invited to pay within the time-frame stated on the notice. A 40% discount is mandatory for prompt payment. According to the Private Parking Code of Practice (2024), this aims to encourage early resolution.
Appeals Process
Drivers have the right to challenge a Parking Charge if they believe it has been issued incorrectly. Operators must provide a transparent process. They should permit escalation to independent bodies, like:
Britannia Parking reviews all appeals according to BPA standards. This way, decisions are fair and grounded in evidence.
Debt Recovery
If payment is not made, operators may refer the case to a debt recovery agency. This step should stay fair and comply with consumer law. It must ensure motorists are treated justly while also protecting landowners rights.
Ensure Compliance & Safeguarding Value
Britannia Parking delivers complete management of Parking Notices. As a BPA-approved operator, we implement signage, ANPR technology, and appeals. Our team do this in line with the Protection of Freedoms Act 2012, the BPA Code of Practice and the Private Parking Code of Practice (2024).
Managing over 800 car parks nationwide, we support a range of clients, including retailers, hotels, healthcare providers and leisure operators. Our case studies show less misuse, better availability and stronger payment compliance. This allows landowners to protect revenue, reduce disputes and maintain their reputation.
Contact us today to arrange a confidential site survey and ensure you Parking Charge process is lawful, effective and built for long-term value.
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