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A Parking Charge is issued to a vehicle parked in breach of the Terms and Conditions of parking on private land. This is not to be confused with a Penalty Charge Notice – it is, in this context, a Parking Charge. It can be affixed to a vehicle or can be sent through the post. The notice issued to the driver of the vehicle explains the time frames for payment, how payment can be made and also how to appeal the parking charge. Both payments and appeals can be made by post or online.

Parking on private land is either permitted or restricted by a landowner. The landowner can protect the land through contract and/or trespass law. In most cases, contract law will prevail. In relation to parking, Terms & Conditions (T&Cs) of parking are displayed by way of signage, and a contract is formed if the driver accepts the terms as displayed. A Parking Charge is issued if the T&Cs are breached.

If you have received a Penalty Notice, it is because the private land in question is being managed under Railway Byelaws; the Protection of Freedoms Act does not apply in this instance, and the Owner of the vehicle is liable for the penalty.

NTO stands for Notice to Owner, NTK stands for Notice to Keeper, and is a notice that is sent to the registered keeper after a Parking Charge has been issued and if it has not already been paid. It is written confirmation to a Registered Keeper that the Parking Charge is still outstanding and will also provide details of the choices available in order to deal with the Parking Charge.

If an NTK is ignored, processes are instigated to collect the money due on the outstanding Parking Charge. It is possible that the value of the Parking Charge will be increased as a result. Contrary to the advice given on various forums, ignoring a Parking Charge issued on private land is not the best course of action. If you feel you have been issued with a Parking Charge incorrectly, the best thing to do is to contact us.  Do not just ignore your Parking Charge, get in touch with us.

The driver of the vehicle is responsible for payment. In certain circumstances, liability can pass to the Registered Keeper. If the Registered Keeper indicates that another person is responsible, further enquiries will be made.

POPLA stands for Parking on Private Land Appeals and is an independent appeals service funded by operators that are members of the British Parking Association.

If you lose your appeal, you should pay the Parking Charge. If you refuse, the amount of the Parking Charge may increase and legal action may be taken to recover the amount of money due.

Your attention is drawn to the Protection of Freedoms Act 2012 and in particular Section 56 and Schedule 4. If you have received a Penalty Notice, please refer to the Railway Byelaws.

For more parking related information visit http://www.knowyourparkingrights.org

If you can’t find the answer you’re looking for, please feel free to contact us.