Private Car Park: Can I Be Fined for Parking Over a White Line?

Q.

I was parked over a white line in a private car park and have received a photograph of my car and a fine for £45 in the post, is this legal?

A.

Recently there appears to have been a spate of incidents where motorists have been complaining about being fined for parking mere inches over a white line in a car park. The legal issues surrounding such fines can differ dependent on whether the car park is privately owned, public, or of course whether the car is an obstruction. It also varies dependent on which company you've received the fine from.

Understanding the Laws of Penalty Charge Notices

Around 3.4 million PCNs are issued in the UK each year, yet most drivers aren't fully aware of the law when it comes to which parking fines they must pay. There are a number of different reasons you can be issued a parking fine, but ultimately there are also a variety of ways of contesting the parking fine.

Knowing how to appeal your parking fine could lead to you not having to pay at all, with around 60% of appeals being upheld generally. If you're looking to appeal your ticket and hopefully have it rescinded, consider the grounds you've been given the ticket on and whether there is concrete evidence that you've broken the law.

• Parking Outside a Marked Bay – If you've received a ticket for this offence, you must ensure that you check the parking space met the minimum width which is currently 1.62m wide. This is measured from the outer edges of the white lines. If you think that you can appeal based on the fact the space isn't marked correctly, or is too small, do so.
• Private Company Tickets – If you've received a ticket from a private company, this is different to a ticket from a local authority. When you get a ticket from a private company, such as NCP or your local supermarket, there are ways to avoid paying the fine, although they are legally entitled to charge you. Only the driver can be subject to a fine from a private company, so you may be able to claim that you are unaware of who parked your vehicle the day the fine was issued. Also, they may threaten you with legal letters stating that they will take you to court. On most occasions this doesn't happen, but if they can prove that you breached your contract with them (by parking outside a bay for example), they may pursue this.
• Ticket Not Placed on Car – Previous to April 2008, PCNs had to be fixed to a vehicle for the fine to stand. Now, this is no longer required and receiving a penalty notice through the post is acceptable legally. If photographic evidence is also sent, it does decrease your chances of appeal, however that doesn't mean that you can't appeal. If the photograph doesn't adequately show the entire area and the contravention, then you may be able to state that there is insufficient proof

Is My fine Legal or Should I Appeal?

Ultimately it is up to you whether you want to simply pay the fine or appeal it. If you've parked outside a marked parking bay in a private car park, they are entitled to serve you with a fine notice and request payment. Usually you can get discounts for paying early, but be aware that the longer you refuse to pay, the higher the cost may be.

If the private car park insists that they have proof of your offence, they can take you to court and will require you to pay their court fees. Most don't go this route however as it's lengthy and expensive and some may consider a reduced fee. If you're still not sure whether to pay the fine, speak to a motor lawyer who can have a look at the exact offence, the photographic evidence and then advise you on the best course of action.