Can You Ignore a Private Parking Fine?

Can You Really Ignore a Private Parking Fine?

This is the single most asked question about private parking tickets, and the answer is more nuanced than a simple yes or no. A private parking charge is not a fine in the legal sense. It is an invoice for an alleged breach of contract. The operator claims that by parking on their land, you agreed to their terms (displayed on signage) and that you broke those terms.

Before the Protection of Freedoms Act 2012

Before POFA 2012, private operators could only pursue the driver of the vehicle, not the registered keeper. Since they often could not identify the driver, many charges went unpaid with no consequences. This led to widespread advice to simply ignore private parking tickets.

After POFA 2012: The Rules Changed

The Protection of Freedoms Act 2012 (specifically Schedule 4) changed the landscape significantly. It introduced "keeper liability," which means the registered keeper of the vehicle can be held liable for the parking charge if:

1. The operator is a member of an accredited trade association (BPA or IPC)
2. The operator follows the correct procedure, including serving a Notice to Keeper (NtK) within the required timeframe
3. The driver has not been identified

This means that since 2012, ignoring a private parking charge carries more risk than it used to.

What Actually Happens If You Ignore It?

Here is the typical sequence of events:

1. Initial charge notice: You receive the parking charge notice, either on your windscreen or by post via DVLA keeper data.
2. Reminder letters: If you do not pay or appeal, the operator will send reminder letters, often with escalating amounts.
3. Debt collection: The charge may be passed to a debt recovery company. These letters can be intimidating but are often just a different department of the same company.
4. Letter before action: Some operators will send a formal "letter before action" threatening County Court proceedings.
5. County Court claim: A small number of operators actually file County Court claims (primarily ParkingEye via DCB Legal, and UKPC).

Which Operators Actually Go to Court?

The vast majority of private parking operators do not pursue unpaid charges through the courts. The notable exceptions are:

• ParkingEye: Regularly pursues court action via their solicitors DCB Legal. They are the most litigious operator in the UK.
• UKPC: Has pursued some cases through the courts.
• Most other operators: Rely on debt collection letters but rarely file actual court claims.

The Smart Approach

Rather than ignoring a charge completely, the better strategy is usually to:

1. Check if the charge is valid: Was the signage adequate? Was the NtK served in time? Is the charge proportionate?
2. Appeal if you have grounds: You have nothing to lose by appealing. If your appeal is rejected, you can escalate to POPLA or IAS.
3. Do not ignore a County Court claim: If you receive a genuine County Court claim form (N1 form), you must respond within 14 days or a default judgment will be entered against you.

Key Takeaway

Ignoring a private parking charge is not illegal and will not result in a criminal record, points on your licence, or bailiffs at your door. However, it does carry a risk of County Court action from certain operators. The safest approach is to check whether the charge has procedural flaws and appeal on those grounds.