A motorist who received a parking charge notice for overstaying free parking without shopping at a supermarket has sought clarification on whether they must pay the full £100 charge after the discounted payment period expired. The notice, sent by post, arrived after the 14-day deadline for the reduced £50 payment, but it was not date stamped.
Parking charges issued on private land are not fines but contract-based claims arising from alleged breaches of parking terms. Under the Protection of Freedoms Act 2012, specific rules govern how parking operators may pursue charges, particularly those generated by automatic cameras with no physical ticket issued at the time of parking.
The legislation generally requires parking charge notices to be sent within 14 days of the parking event. There is also a statutory presumption that postal notices are deemed received on the second working day after dispatch. However, this statutory period pertains to the timing of the initial notice, not the discounted payment window.
Motorists do not have a legal entitlement to pay the reduced charge for 14 days, and notices arriving after the expiration of the discount do not necessarily invalidate the charge. The key legal consideration is whether the parking operator complied with all statutory requirements for issuing the notice, which can vary depending on whether a physical ticket was issued or the notice was generated solely by cameras.
Legal advice recommends that an appeal be submitted in writing, detailing the dates of parking, when the notice was posted, and when it was received. The appeal should challenge any failure by the parking operator to comply with the Protection of Freedoms Act’s timing rules. While the operator is not legally required to accept payment at the discounted rate once it has expired, the appellant can express willingness to make that payment as a final settlement.
If the appeal is rejected by an operator affiliated with the British Parking Association (BPA) Approved Operator Scheme, the driver is entitled to escalate the matter to the Parking on Private Land Appeals (POPLA) service for independent adjudication. This route provides an opportunity for impartial review of the circumstances surrounding the notice and the operator’s compliance with relevant regulations.
