Why have I received or been issued with a Parking Charge Notice?
The car parks managed by National Parking Enforcement have clear terms and conditions of parking, as detailed on the signage within the car park and a warning sign at the entrance. If the terms and conditions are breached by the driver, a Parking Charge Notice will be issued. If you feel the Parking Charge has been incorrectly issued, we will consider any appeal.
Is the Parking Charge Notice I have received fair and reasonable?
Yes, the Parking Charge is both fair and reasonable.
The Supreme Court judgment (ParkingEye vs Beavis) along with the International Parking Community Code of Practice at paragraph 19.5, supports the level of Charge issued by ParkingEye. Within this judgment, Lord Neuberger and Lord Sumption note that, “The charge is less than the maximum above which members of the BPA (British Parking Association) must justify their charges under their code of practice” and Lord Hodge finds that, “…local authority practice, the BPA guidance, and also the evidence that it is common practice in the United Kingdom to allow motorists to stay for two hours in such private car parks and then to impose a charge of £85, support the view that such a charge was not manifestly excessive […] the fact that motorists entering the car park were given ample warning of both the time limit of their licence and the amount of the charge also supports the view that the parking charge was not unconscionable.”
Why did the DVLA provide National Parking Enforcement Ltd with my registered keeper details?
National Parking Enforcement are members of, and an approved operator of, the IPC (International Parking Community). This enables us to request the registered keeper details of a vehicle from the DVLA should that vehicle breach any of the terms and conditions of parking in a parking area we manage on behalf of the landowner.
Does National Parking Enforcement Ltd have the legal authority to issue Parking Charges Notices?
Yes, National Parking Enforcement are authorised by our clients (with agreements in place) to erect warning signage explaining the terms and conditions of parking, issue Parking Charge Notices for a breach of those advertised terms and conditions, and to recover and retain these Parking Charges.
National Parking enforcement is presented as the contracting party on the signage and the creditor within any correspondence sent to motorists. We are also an approved operator with the IPC (International Parking Community).
What will happen if I ignore or fail to pay my Parking Charge Notice?
If all the postal correspondence issued by National Parking Enforcement is ignored and the Parking Charge remains unpaid, the debt will be passed to our nominated debt recovery company or to our solicitors who will seek payment and this will incur additional costs. We may issue court proceedings against the registered keeper or driver which will incur additional costs.
Is a Parking Charge Notice enforceable, is it a penalty?
National Parking Enforcement does not issue Penalty Charges or Fines, these are only enforced by police, traffic wardens or civil enforcement officers under the Traffic Management Act 2004 or the Road Traffic Acts. However, National Parking Enforcement does have the authority to issue and enforce Parking Charge Notices for contractual breaches on private land. This was confirmed by the Supreme Court in the precedent setting case of ParkingEye v Beavis (2015) UKSC 67.
How did I as the driver, form a contract to park with National Parking Enforcement Ltd?
The Parking Charge Notices we issue are based on breach of contract with the motorist. To which the terms of the contract are stipulated on the terms and conditions on the signage located within the parking area.
In order for a contract to be in place, there must be 4 points that are to be met, which are below:
- Offer – you can park on the private land, but you must comply within the terms and conditions
- Acceptance – By entering or remaining on the private land you agree to abide by the terms and conditions
- Consideration – a consideration period is provided for motorists to read and understand the terms and conditions
- Intent to create legal relations – We, National Parking Enforcement Ltd, intend to enter into a legally binding arrangement in which the rights and obligations of the agreement are enforceable.
Why is car private car park management needed?
To the general public, parking on private land is almost always associated with the operation and management of car parks. Parking on private land covers many more situations than just privately-owned car parks. It relates to all privately-owned land which includes:
- Disabled bays
- Electric charge bays
- No Parking areas
- Parent & Child bays
- Privately owned roads
- Residential parking areas
- Lawn and garden areas
- Office car parks
As well as causing a major inconvenience for private landowners, unsolicited parking is a potential hazard for road users and pedestrians, especially on private land adjacent to public amenities and schools.
Parking enforcement to uphold the rights of landowners is commonplace nowadays. Many landowners would rather their land was respected by those not invited upon it, but many are forced to engage the services of a private parking management company as a measure to protect their land from unsolicited parking. Finding the correct balance between the contrasting needs of landowners, private parking management companies and motorists is no easy task, especially when considering the ever-growing number of private motor vehicles on UK roads.
A Department for Transport (DfT) study from March 2018 revealed that there were 37.9 million vehicles licensed to drive on roads in the UK - 82.7% were motor cars and 10.4% were light goods vehicles. The DfT also reported that over 327 billion miles were driven by vehicles on UK roads in 2018.
Parking is a motoring certainty: every motor vehicle journey begins and ends with a parking event, with potentially many other parking stops in between. The RAC Foundation estimates that the average car in the UK is parked for 96% of the time.
The fact that there are 37.9 million licensed vehicles in the UK parked for 96% of the time, offers an insight into the operational challenges facing the UK parking industry across both the private and local authority sectors.
How do I appeal the Parking Charge Notice?
Appeals can be made in writing using the address below, by email or online by clicking here, we cannot accept appeals by telephone as this does not provide an audit trail. All appeals must be made within 28 days from the time of issue. Appeals should be made in accordance with the terms and conditions of parking. You must provide the parking charge notice reference number, your vehicle registration and your full current correspondence address. Once we have received your appeal, we have 28 days to respond.
PO BOX 3710
Please note that paying for a Parking Charge Notice is deemed an admission of liability, and you will no longer be entitled to appeal the notice.
Does National Parking Enforcement have a fair appeals process?
NPE have a dedicated, fully qualified and experienced Appeals Department. We also offer the opportunity to further your appeal to the IAS (Independent Appeals Service) should your appeal be unsuccessful.
What and who is IAS?
The Independent Appeals Service (IAS) provides the ability for people who have received a Parking Charge Notice to appeal against it.
The IAS is a certified Alternative Dispute Resolution entity. You may use this service if your appeal has been rejected by National Parking Enforcement. If you consider that you should be able to use the service but are unable to; please contact us and we will be able to advise. Please be aware that details of how to use the service will be provided on any appeal rejection letter.
My appeal has been rejected and I would like to appeal to IAS, how do I do this?
If your appeal is rejected by National Parking Enforcement Ltd you will receive the decision by letter, you will be allowed the opportunity to contest our decision by sending your full representation to The IAS at www.theIAS.org within 21 days from the date of the decision letter.
If the 21-day timescale has passed, you may still submit a non-standard appeal to the IAS, however, this will mean you pay the IAS a non-refundable appellants fee of £15.
I have a Parking Charge and wish to pay, but I have lost the original ticket or letter/do not know my reference PCN number, what can I do?
Please email us at firstname.lastname@example.org. You will need to include evidence that you are the data subject of the Parking Charge Notice to enable us to respond.
I am a disabled motorist and a blue badge holder, is my vehicle is exempt from terms and conditions in a private car park?
The Department for Transport's Blue Badge scheme for disabled drivers allows for a blue badge holder to park in various locations for up to three hours. This only applies to public highways and council owned car parks, and is not relevant on private land. Blue Badge Holders must comply with the advertised terms and conditions.
I wasn’t the driver; so, I will not be paying the Parking Charge. What will happen?
The Protection of Freedoms Act 2012 (POFA) states the National Parking Enforcement must inform the registered keeper that the driver of the vehicle on the date of the event, is required to pay the Parking Charge in full. Also, National Parking Enforcement may not know who was driving the vehicle on the date of the parking event.
The Act states that the registered keeper of the vehicle (if they were not the driver at the time) should inform us of the name and address of the driver and transfer the liability to them. POFA also states that if the parking charge notice has not been paid in full after 29 days, and we have not been provided with the name and address of the driver at the date of the event, then we have the right to recover any unpaid part of the parking charge from the registered keeper.
I regularly park on a car park managed by National Parking Enforcement Ltd, is it possible to obtain a permit for parking?
The car parks managed by National Parking Enforcement are private land where only authorised vehicles are permitted to park, a motorist who decides to park has agreed to the terms and conditions advertised on warning signage in the parking area.
Each individual car parking area we manage has differing terms and conditions, vehicles either have to pay to park or must be authorised to do so, normally by providing the driver and vehicle details to an electronic whitelist or being supplied a physical parking permit from the landowner or property management company/employer. Therefore, motorists are only permitted to park once the terms and conditions have been agreed.
Does National Parking Enforcement Ltd have a Customer Complaints Policy and Procedure?
National Parking Enforcement will send acknowledgement to the Complainant within 10 working days and conclude complaints within 20 working days. Where there are exceptional circumstances for not concluding the complaint within 20 working days National Parking Enforcement will write to the Complainant and explain why the matter is not concluded and when it will be. National Parking Enforcement will write to the Complainant when the complaint is concluded.