Appealing a Parking Ticket: What do I do Next?
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.
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.
Appealing to the IAS, POPLA, TPT or London Tribunals: Who Do I Appeal To and Why?
Mitigation is about consumer relations and the discretion of the parking operator. Parking appellate bodies can usually only adjudicate on issues that relate to the lawfulness of a parking ticket and the veracity of the evidence provided by the parking operator to prove a breach of the terms and conditions to justify a parking ticket being issued.
Appealing a Parking Ticket on Private Land
Appealing a parking ticket administered on private land depends on which DVLA Accredited Trade Association (ATA) the respective parking operator is a member of. There are two ATAs in the UK, the International Parking Community (IPC) and the British Parking Association (BPA).
Parking operators who are members of the IPC’s Accredited Operator Scheme (IPC AOS) are compelled to refer appeals to the Independent Appeals Service (IAS) under the IPC Code of Practice. This is a free adjudication service for motorists whose decisions are binding on the operator but not on the motorist who is still free to seek redress in court if they aren’t happy with the decision of the IAS.
Parking operators who are members of the BPA’s Approved Operator Scheme (BPA AOS) will direct motorist appeals to Parking on Private Land Appeals (POPLA). POPLA is only competent to adjudicate appeals for parking tickets administered in England and Wales.
If a motorist is unhappy with a decision from the IAS or POPLA, then they are free to seek redress in court. Similarly, if a motorist receives a parking ticket from a parking operator who does not belong to an Accredited Trade Association (ATA) like the International Parking Community (IPC) or the British Parking Association (BPA), a motorist’s only recourse for appeal is through court - if the parking operator’s internal appeals process doesn’t resolve the issue.
Appealing a Parking Ticket from a Local Authority
You should always appeal to the local authority who gave you the parking ticket in the first instance. Instructions on how to appeal will be on the parking ticket.
If your appeal is unsuccessful, you will be issued with a Notice of Rejection of Representations (NOR) in accordance with The Traffic Management Act 2004. Only when you receive a Notice of Rejection of Representations (NOR) can you take your appeal to an external appellate body.
The Traffic Penalty Tribunal (TPT) is only competent to adjudicate on parking contraventions outside London and only within England and Wales.
To appeal a parking ticket administered by Transport for London, or one of the 33 London local authorities, a motorist should appeal to London Tribunals.
What Types of Issues Can an Appeals Body Adjudicate On?
The Traffic Penalty Tribunal (TPT) and London Tribunals will only consider appeals based on certain grounds. You should check their respective websites to see if your potential appeal meets their criteria.
As appeals bodies adjudicating on parking tickets issued on private land, the Independent Appeals Service (IAS) and Parking on Private Land Appeals (POPLA) will decide whether the parking ticket is lawful/contractually valid or whether it is backed by evidence.
Both the IAS and POPLA will also consider whether the parking ticket was issued in accordance with the International Parking Community’s Code of Practice or the British Parking Association’s Code of Practice respectively – depending on which Accredited Trade Association (ATA) the issuing parking operator is affiliated to.
You should bear these three criteria in mind when you appeal as these are the only grounds under which the IAS or POPLA can rule in a motorist’s favour.
