I Want To Appeal A Parking Operator's Decision
Appealing to the Parking Operator
You should always appeal to the parking operator in the first instance by following the parking operator’s internal appeals process. Instructions about how to do this should be printed on the parking ticket you have received. If this is not the case, it may be an indication that the parking ticket has not been administered by a legitimate parking operator with DVLA ATA affiliation.
As mitigation does not pertain to the lawfulness of a parking charge, a parking operator is under no legal obligation to accept an appeal based purely on mitigation. Such a decision comes under ambit of customer relations and is a judgement call that only the parking operator can make.
Car park operators always need to remember that while motorists need a place to park, parking operators need customers. It can never be in a parking operator’s wider business interests to strictly apply contractual terms and conditions to the point of disregarding mitigation born of extenuating circumstances like a medical emergency.
It is hoped that in a such a circumstance, a parking operator would accept mitigation provided it is backed up with requisite evidence and documentation. Similarly, with innocent typographical errors when entering car registration numbers at parking kiosks as these sorts of errors tend to affect the elderly disproportionately.
If a motorist feels there is a manifest injustice then they can take their business elsewhere, lobby their MP, use the power of social media or get a consumer rights programme like BBC’s Watchdog to take up their cause.
You should always appeal to the parking operator first and follow their internal appeals procedure. Details on how to do this should always be found on the back of the parking ticket. This is mandated by the Code of Practice of the Accredited Trade Association (ATA) that the parking operator belongs to.
Appealing a parking ticket will fall under two categories:
1/ Is the parking ticket lawful?
2/ Does the motorist have mitigating circumstances which caused them to incur a parking ticket?
The Lawfulness of the Parking Ticket Issued on Private Land?
Appealing a parking charge on the basis on whether it is lawful comes down to three basic issues:
1/ Does the parking charge have a legitimate legal basis in contract law?
2/ Has the parking operator satisfied the evidential burden to prove that the motorist breached the terms and conditions of the parking contract?
3/ Has the parking operator breached the Code of Practice of the respective Accredited Trade Association (ATA) that the operator is a member of?
If any one of these conditions is met, the parking charge will almost certainly be rendered void.
Mitigation
Mitigation, or mitigating circumstances, are any event or circumstance that might lead a motorist to incur a parking ticket, but do not extinguish the motorist’s legal liability.
Any number of situations may amount to mitigation. Common examples may include medical emergencies where a motorist may have had to overstay or park illegally in a non-designated parking area.
