Can I expect Bailiffs for Private Parking Fines?

Are you worried about bailiffs showing up at your home due to private parking fines? We know how stressful this can be.

After all, over half of the people surveyed by StepChange mentioned that dealing with bailiffs actually made it harder for them to pay off their debts. Many say that they even had to take out more credit to pay the bailiffs.¹

But don’t worry; you’ve come to the right place. In this article, you will find:

• An explanation of private parking fines and how they work.
• If you need to pay these fines.
• The laws around private parking charge notices.
• How private companies can make you pay.
• Ways you could reduce your debt.

Each month, over 170,000 people visit our website to find information on debt and parking fines, so you’re not alone!

We understand your worries and we’re here to give you clear and simple information so you can deal with this tough time.

Can You Expect Bailiffs for Private Parking Fines?

A parking management company cannot instruct bailiffs to recover the amount owed. They can, however, send in debt collectors.

Under UK law, a parking management company is only obliged to:

• Give notice to the keeper, who should
• Tell the driver, and then
• Give the notice to the driver

Paragraphs 4 to 12 of Schedule 4 of the Protection of Freedoms Act 2012 cover the law on parking charges issued on private land.

Here you can see this forum user on MoneySavingExpert has received a private parking fine, and they are worrying that bailiffs will come to their home.

Debt collectors and bailiffs are different.

Unlike bailiffs, debt collectors cannot come to your house to collect debt – you can send them away if they do.

Even if you send the debt collector away, you still need to deal with the debt, as ignoring it will only make the problem worse.

Bailiffs vs. Debt Collectors

We’ve put together this table to help you better understand the main differences between bailiffs and debt collectors.

If you’d like to learn more about how bailiffs operate, be sure to read our specialized guide.

Can a private company force you to pay?

A private parking management company can force you to pay if you are the vehicle’s registered keeper, and a court has ruled you must.

This can happen when the actual driver’s details are not known.

You’ll receive letters from the operator demanding payment. Each letter will be more aggressive in tone than the one before.

You could get lucky, and the operator decides to drop the case. But they could start court proceedings against you.

You’ll be sent a Defendant’s Response Pack when the operator takes you to court.

You must make sure you defend it.

Don’t ignore Parking Charge Notice correspondence

We always recommend responding to debt collectors – even just to question the debt’s validity. You have the right to request proof of the debt. They have to prove it or they can’t charge you.

Don’t assume the fine is yours, but make sure you either contest the fine or pay it.

You can choose to appeal a private parking fine. You can escalate your parking fine appeal if your first appeal gets rejected. 

The process can differ between private car park operators, depending on whether they’re a member of the BPA and follow the BPA code of practice or whether they’re a member of the IPC.  

Can private parking companies use bailiffs?

As mentioned earlier, a private parking operator can’t instruct bailiffs to recover the amount owed.

However, the operator can chase you for payment through the County Court. They can apply for a County Court Judgement (CCJ) to be issued against you.

We recommend you don’t let things get this far, as the legal consequences of unpaid parking fines are not worth it.

First, it will ruin your credit history, and the CCJ will remain on your records for 6 years. Secondly, you may end up paying more!

Can UK car park management take you to court?

The rules on parking on private land are managed by the International Parking Community (IPC) and the British Parking Association (BPA). They’ve established the rules on how private operators should manage car parks for landowners.

You can be taken to court if a Parking Charge Notice remains unpaid.

But if an operator broke the ‘rules’ when issuing it, the case may not succeed. That said, it’s a gamble you have to weigh up.

If you win, your case will be struck out. But if you lose, you’ll end up with a CCJ on your credit history.

Note: A parking management company has to pay their own solicitor’s fees whether they win the case or not.

References

1. StepChange – Creditor and Debt Collector Conduct