How to Appeal a Private Parking Charge Notice (PCN) via POPLA
A Parking Charge Notice issued by a private company on private land (a supermarket, retail park, or private car park) is an invoice for an alleged breach of contract, NOT a fine and NOT a Penalty Charge Notice from the council. You do not have to pay it just because it arrived. If the operator is a member of the British Parking Association (BPA), you have a free two-stage appeal: first to the operator, then to POPLA (Parking on Private Land Appeals), the independent appeals service. This guide covers both stages and the key rules operators must meet under Schedule 4 of the Protection of Freedoms Act 2012.
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Under Schedule 4 of the Protection of Freedoms Act 2012, a private parking operator can only hold the registered keeper liable for the charge if it follows strict rules. If the driver is not identified, the operator must serve a 'Notice to Keeper' within the statutory time windows and include prescribed wording to transfer liability to the keeper. The charge must also not be extravagant or unconscionable; in ParkingEye v Beavis [2015] UKSC 67 the Supreme Court rejected the old 'genuine pre-estimate of loss' test and instead allowed an £85 charge because it protected a legitimate interest and was not out of all proportion to that interest, but only where it was clearly signposted. Operators who are BPA members must offer access to POPLA, which is free for motorists. POPLA's decision is binding on the operator but not on you, so you keep the right to defend any court claim if you lose. You have 28 days from the operator's rejection to appeal to POPLA.
Step by step
- 1Do NOT pay yet and do NOT ignore it. Appeal to the parking operator first in writing within their stated deadline (usually 28 days). Set out your grounds (unclear or missing signage, a valid ticket or permit, mitigating circumstances, a loading/grace period, or that you were not the driver). If you were not the driver you are not obliged to name them, make the operator rely on keeper liability under POFA 2012.
- 2Gather evidence: dated photos of the signs and their wording, your pay-and-display ticket or app payment, blue badge, the entry/exit times, and anything showing the signage was hidden, contradictory, or the charge unreasonable.
- 3When the operator rejects your appeal, they must issue a POPLA verification code (or equivalent for an IAS operator). Submit your appeal to POPLA at popla.co.uk within 28 days, uploading all your evidence and stating your grounds clearly. POPLA is free.
- 4Wait for POPLA's decision. If POPLA finds in your favour the charge is cancelled. If POPLA rejects it, you can still choose to pay or to defend if the operator later issues a county court claim, POPLA's ruling does not bind you.
What they'll say, and your comeback
“This is a fine and you are legally obliged to pay it.”
Comeback, It is not a fine. A charge on private land is a claim for breach of an alleged contract, not a statutory penalty. Only councils and police issue genuine fines. The operator must prove a contract was formed and that the charge is enforceable under ParkingEye v Beavis.
“As the registered keeper you are automatically liable.”
Comeback, Keeper liability only applies if the operator complied with Schedule 4 of the Protection of Freedoms Act 2012, including serving a compliant Notice to Keeper within the statutory time limits and using the prescribed wording. If they failed any of these, keeper liability does not transfer.
“You missed the deadline so you can no longer appeal.”
Comeback, You have 28 days from the operator's rejection letter to appeal to POPLA, not from the original notice. If the operator refused to issue a POPLA code after rejecting your appeal, that itself is a breach of BPA rules you can report.
FAQ
What's the difference between a council PCN and a private parking charge?
A council Penalty Charge Notice is a statutory fine appealed through the council and then the Traffic Penalty Tribunal or London Tribunals. A private 'Parking Charge Notice' is a breach-of-contract invoice from a private firm, appealed to the operator and then POPLA (for BPA members) or the IAS (for IPC members). This guide covers the private route.
Will appealing hurt me if I lose?
No. Appealing to the operator and POPLA is free and POPLA's decision does not bind you. If you lose at POPLA you are in no worse position than before and can still defend any later county court claim.
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A self-serve tool, not a law firm. General information, not legal advice.