Private parking company court claim

This is a common concern and the good news is that many people successfully defend these claims. Here is a clear overview of the legal position and practical steps.

Background:

Private parking companies issue what are often called Parking Charge Notices. These are not the same as Penalty Charge Notices issued by local authorities or the police. A private parking charge is essentially a contractual claim or, in some cases, a claim framed as trespass to land. The company is saying that by parking on the land, you entered into a contract and breached its terms, and it is now claiming a sum as a debt or as damages.

The legal framework:

The key case is ParkingEye Ltd v Beavis [2015] UKSC 67. The Supreme Court held that a private parking charge of £85 could be enforceable as a contractual term, provided it was not a penalty. The charge had to serve a legitimate interest and be proportionate. This means not every parking charge is automatically enforceable. The company still has to prove its case.

What the parking company must prove:

1. That adequate signage was in place at the time, clearly setting out the terms including the charge amount and any time limits.
2. That you were the driver, or that the registered keeper is liable under the Protection of Freedoms Act 2012 Schedule 4 (the keeper liability provisions).
3. That the correct procedural steps were followed, including serving a Notice to Keeper within the required timescale of 14 days after the period of parking, or in the case of a driver who was not identified, between 28 and 56 days after the event.
4. That the charge is not a penalty, meaning it must be proportionate and serve a legitimate interest.
5. That they are a member of an approved trade association, either the International Parking Community (IPC) or the British Parking Association (BPA), because keeper liability under the 2012 Act only applies if they are.

Practical steps if you receive a court claim:

1. Do not ignore it. If you receive a claim form from the County Court, you must respond within 14 days (or request a 28 day extension) by filing a defence. If you do nothing, judgment will be entered against you by default.

2. Check the paperwork carefully. Look at the original Parking Charge Notice, any Notice to Keeper, and the claim form itself. Note the dates, the amounts, and what is actually being alleged. Errors in the process can be fatal to the claim.

3. Check whether keeper liability applies. If you were not the driver and the company is relying on keeper liability, it must have followed the procedural requirements in Schedule 4 of the Protection of Freedoms Act 2012 precisely. If the Notice to Keeper was late, missing, or did not contain the required information, keeper liability fails and they must prove you were the driver.

4. Challenge the signage. If the signs were inadequate, obscured, too small, or did not clearly state the terms, the company may struggle to show a contract was formed.

5. Challenge proportionality. If the charge is significantly higher than what might be considered proportionate, you may argue it is an unenforceable penalty. The BPA Code of Practice previously set a cap at £100, and the IPC had its own limits. Since January 2024, the new single Parking Code of Practice under the Parking (Code of Practice) Act 2019 has been subject to ongoing development, so check the current caps and requirements that apply.

6. Consider any mitigating circumstances, such as overstaying by a very short period, a genuine emergency, or a machine or payment system that was not working.

7. Use free resources. The forums on sites such as MoneySavingExpert and PePiPoo have extensive experience dealing with these claims and can help you draft a defence. Many people have successfully defended claims using the guidance available there.

Filing your defence:

You can file your defence online if the claim was issued through Money Claims Online, or by post using the form provided. Your defence should be clear and specific, addressing each point in the particulars of claim and setting out your grounds. Deny anything that is not correct, and put the company to strict proof on anything you cannot verify.

At the hearing:

These claims are allocated to the small claims track, which means the hearing is relatively informal, costs are limited, and you are not normally liable for the other side's legal fees even if you lose. The parking company must attend and prove its case. Many claims are discontinued before the hearing because the company decides it is not worth pursuing.

Realistic assessment:

Many private parking companies issue claims in bulk and rely on people either paying up or not defending. A well-prepared defence can be very effective. That said, following ParkingEye v Beavis, it is not correct to say these charges are never enforceable. If the signage was clear, the procedures were followed, and the charge is proportionate, the company may succeed.

The most important thing is not to panic, not to ignore the claim, and to prepare a careful defence based on the specific facts of your case.