How Long Can You Be Chased For A Parking Ticket

How long can you be chased for a parking tickets depends on who issued the parking ticket initially. We will go into detail in this article regarding what happens if you receive a Parking Charge Notice from a Private Parking Company (PPC). Or a Penalty Charge Notice (PCN) from and authority such a local council, the police or Transport for London.

Time Limit For A Penalty Charge Notice

A PCN is issued by a local Council, the police or Transport for London. They are covered by The Civil Enforcement of Road Traffic Contraventions law. This stipulates that the registered keeper is liable to pay the charge. However, if the charge is not paid in full, it is possible you could get an enforcement agent visiting your property to collect any outstanding debt.

If you don’t pay a PCN within 28 days of receiving it, you will then be sent a Charge Certificate. This then makes that charge increase by 50% and must be paid within 14 days of receiving it. If you don’t pay the Charge Certificate within 14 days, you will get a court order demanding payment.

Can You Challenge A Court Order?

Challenging a court order isn’t as straight forward as it may seem. It isn’t like an appeals process that you can do when you receive a PCN. You may need to get the judge’s permission to appeal a court order. This is limited time to challenge a court order which is usually 21 days. Be aware though, if your appeal is rejected, you will most likely be ordered to pay the other side’s legal costs. If you want to challenge a court order, you will need to fill out a TE9 form.

Some reasons that may help get a court order changed or cancelled could be:

• If you have already paid the PCN;
• If you never received the PCN or the Notice To Keeper. This could be because it went to a previous or wrong address;
• If you lodged an appeal in the required timeframe, but never received a rejection notice;
• Equally, if you filed an appeal in the required timeframe but never got an answer.

Time Limit For A Parking Charge Notice

A Parking Charge Notice issued by a PPC is essentially just an invoice for their loss of revenue due to a breach of contract. If you decide to not pay the PCN, the only way the PPC can make you pay is if they take you to a claims court. However, depending on what the court costs and claim amount combined are, they may decide against it as it may not be cost efficient.

Contrary to PCNs, Parking Charge Notices are not issued under statutory authority and should not be considered a fine. They are enforceable under contract law and if the charge remains unpaid, it could potentially lead to County Court proceedings.

Once a Parking Charge Notice has been received, which is usually by a notice stuck to the windscreen of a vehicle, there are usually discounts for paying within 14 days. This is know as a Notice To Driver.

If after 28 days the notice hasn’t been paid, the PPC can request your details from the Driving and Vehicle Licensing Agency (DVLA) to issue a Notice To Keeper. The Notice To Keeper must be severed no earlier than 28 days, and no longer than 56 days, since the issue of the Notice To Driver.

The PPC can only do this is they are a member of one of the Accredited Trade Associations (ATA) which are the British Parking Association (BPA) or International Parking Community (IPC).

Challenging A Parking Charge Notice

If you appeal a Parking Charge Notice via the instructions on the back of the notice, the PPC will need to acknowledge receipt within 14 days, and then respond within 35 days.

As per the British Parking Association’s Code of Practice, PPCs must put the charge on hold during an appeal. If you appeal within the first 14 days, the charge will be frozen, and if your appeal is rejected, you will still be offered the discounted rate.

Do Parking Fines Expire?

Under the Limitation Act 1980 section 9, it specifically states:

“An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

Limitation Act 1980 Section 9

This means that traffic debts are limited to six years from the date on the liability order.

Can Bailiffs Enforce An Unpaid Fine?

This again comes down to the differences between a PCN and a Parking Charge Notice issued by a PPC. It should be noted that a bailiff is an enforcement agent that has legal powers to collect a debt.

A PCN can be enforced with bailiffs if the charge remains unpaid. A Parking Charge Notice issues by a PPC can’t issue bailiffs. However, they could pursue the debt through County Court and apply for a County Court Judgment (CCJ) against you.

If bailiffs arrive at your property, you don’t have to let them in. However, bailiffs are only allowed to force their way into your property if all three of the following steps have been followed:

• The bailiffs have taken control of your goods inside your property;
• If you have made a Controlled Goods Agreement (CGA) with the bailiffs and have broken the CGA by missing at least one payment, and;
• The bailiffs have given you two clear calendar days notice that they will be coming to inspect an/or take these goods.

Can Debt Collectors Enforce An Unpaid Fine?

Unlike a bailiff, a debt collectors doesn’t have any legal powers to collect a debt. The most a debt collector can do is ask you to make an arrangement to pay the debt. The can not force entry into your property.

If a debt collector shows up at your property, you do not have to open the door or let them in. If you ask them to leave, they have to go!

TLDR: How Long Can You Be Chased For A Parking Ticket

• A Penalty Charge Notice (PCN) is covered by The Civil Enforcement of Road Traffic Contraventions law;
• If you do not pay a PCN you could get a visit from a bailiff to collect any outstanding debt;
• To challenge a court order, you will need to fill out a TE9 form;
• A Parking Charge Notice is enforceable under contract law;
• If a Parking Charge Notice the remains unpaid, it could lead to County Court proceedings;
• Traffic debts are limited to six years from the date on the liability order;
• Bailiffs have legal powers to collect a debt;
• Debt collectors don’t have any legal powers to collect a debt.

Sources used to write this article:

• The Civil Enforcement of Road Traffic Contraventions
• TE9 Form
• British Parking Association Approved Operators
• Limitation Act 1980