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How to appeal a ticket
How to appeal a parking ticket

What is A Notice to the Driver on my Car? Your Next Steps

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Janine
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Janine Marsh

Financial Expert

My name’s Janine, and I’m a mum of two who’s always been passionate about trying to cut down spending costs. I am now sharing as much financial knowledge as I possibly can to help your money go that little bit further.

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· Feb 14th, 2024
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Finding a Notice to Driver on your car can be a bit confusing. You may have questions and worries. What does this notice mean? Did I do something wrong? What should I do next? Not to worry, you’re not the only one with these questions. Each month, over 32,000 people come to this site for help and advice on tickets and fines.

In this article, we’ll help you understand:

  • What a Notice to Driver is and why it’s given.
  • Steps to take when you receive a Notice to Driver.
  • How to challenge a Notice to Driver if you think it’s not fair.
  • The cost of a Parking Charge Notice and how to pay it.
  • What happens if you choose not to pay the Notice to Driver.

Our team has guided many people who were in the same situation as you, so we know how you must be feeling, and we’re here to offer our advice. Sit back, take a deep breath, and let’s learn how to sort out your Notice to Driver together.

Do You Have to Pay?

In some circumstances, you might have a legitimate reason not to pay your fine.

It’s a bit sneaky, but the last time I needed legal advice, I paid £5 for a trial to chat with an online solicitor called JustAnswer.

Not only did I save £50 on solicitor feeds, I also won my case and didn’t have to pay my £271 fine.

Chat below to get started with JustAnswer

In partnership with Just Answer.

Why would you get a Notice to Owner?

Many private car park operators have parking attendants who check whether motorists have:

  • Parked correctly
  • Paid to park
  • Not overstaying the time they paid for
  • Displayed a Pay & Display ticket correctly
  • Displayed their Blue Badge correctly

If the parking attendant finds that you broke the ‘rules’ for using the car park, they will place a Notice to the Owner on your vehicle.

» TAKE ACTION NOW: Get legal support from JustAnswer

Should I pay a Notice to Driver?

You could pay the parking ticket when you get a Notice to Driver. But only when you’ve checked the following:

  • The Parking Charge Notice was issued correctly
  • The Notice to Driver contains the right information

You should only pay a parking ticket on private land once you’re satisfied the issuer served the Notice to Driver correctly.

Moreover, if you pay within 14 days, the operator must give you a discount of at least 40%.

In short, a fine that costs you £100 if you wait over 14 days to pay it would cost you £60. You save £40!

Can I challenge a Notice to Driver?

Yes. You could appeal the ticket if a car park operator failed to follow the Code of Practice as set out by a trade association.

You may have grounds to challenge the parking ticket if the following applies:

  • The car park management company issued the parking ticket before the mandatory 10 minute grace period had expired
  • You parked correctly and paid the correct fee to park
  • A medical emergency stopped you from getting back to the car park in time
  • There were no signs in the car park, or they were unclear, and road markings were missing
  • You were not the driver when the parking ticket was issued
  • You were waiting for the recovery truck because you had broken down
  • The payment machines were not working

Check out what happened to one motorist who provided details of the driver but kept being asked to pay the parking ticket.

Can I challenge a Notice to Driver

Source: Moneysavingexpert

Is there a 10-minute grace period for parking UK?

Yes. You should be allowed 10 minutes grace when you return to your vehicle at the end of a parking period you paid for.

When a car park operator is a member of an accredited trade association, they must allow you 10 minutes grace.

Operators can be members of the following associations:

You could have grounds to appeal a parking ticket if the operator issues a Parking Charge Notice before the ten minutes are up

Successful Appeal Case Study

Situation

Initial Fine £100
Additional Fees £171
Total Fine £271

The Appeal Process

Scott used JustAnswer, online legal service to enhance his appeal. The trial of this cost him just £5.

Total Fine £271
Cost of legal advice £5

JustAnswer helped Scott craft the best appeal possible and he was able to win his case.

Scott’s fine was cancelled and he only paid £5 for the legal help.

Get started

In partnership with Just Answer.

You were not the driver when the Notice to Driver was issued?

You should contact the issuer if DVLA records show that you are the vehicle’s registered Keeper, but you weren’t driving when the ticket was issued.

Details on how to contact a car park operator should be on the Notice to Owner.

It’s worth noting that you have 28 days to respond to the Notice before the matter escalates any further.

As such, you should give the issuer the name and address of the driver within the deadline.

At this point, the operator should ask the actual driver to settle the Parking Charge Notice.

You may have to fill out a ‘transfer of liability’ form on the operator’s website.

If you don’t provide the driver’s details to the operator, they can ask you to pay the Parking Charge Notice because you’re the registered Keeper.

It’s known as ‘Keeper liability’.

Details on this are covered under the Protection of Freedoms Act 2012.

What if the operator is not an accredited member of an association?

If you find the operator is not an accredited trade association member, they can’t get a registered keeper’s details from the DVLA.

As such, they won’t be able to chase you up for payment by sending reminders to your home address.

If the operator does find your address, chances are they did so unlawfully. You should report them to the authorities.

You can check whether an operator is accredited or not by visiting the BPA or IPC websites.

What is the 14-day rule?

If the operator’s car park attendant didn’t hand you a parking ticket or place it on your vehicle, they must send it to you in the post within 14 days.

That said, if you received a Notice to Driver from a parking attendant, this rule would not apply because the operator does not have to send you another notice.

What happens when an appeal is rejected?

You will get a letter of rejection from the issuer, which gives you the option to:

POPLA and the IAS are independent adjudicators who will assess your appeal before accepting or rejecting it.

It’s worth noting that until they decide what to do, the issuer cannot take the matter further.

Also, their decision is final, which means if they uphold your appeal, the issuer must cancel the parking ticket.

But if they side with the issuer and reject your appeal, you must pay the parking ticket to prevent the issuer from taking the matter further.

How are Parking Charge Notices issued?

Car park operators can issue Parking Charge Notices in several ways, which I’ve detailed below:

  • The Parking Charge Notice can be handed to a driver or placed on a vehicle’s windscreen. This is known as a ‘Notice to Driver’.
  • The parking ticket can arrive in the post if an alleged parking infringement on private land is recorded on CCTV.

Getting the support of a Solicitor can take a huge weight off your mind.

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How to appeal and win

If you want to avoid paying a parking ticket then you’ll need an airtight appeal.

The best way to perfect your appeal is getting a little advice from a Solicitor. I’d 100% recommend spending a fiver to get a trial of JustAnswer.

You can explain your situation in their chat and they’ll connect you with a Solicitor who can advise you and give you the best chance to win your appeal. For £5 it’s actually amazing value.

Click here to get the trial offer with JustAnswer.

How do I contact POPLA and the IAS?

I’ve listed ways to contact POPLA and the IAS in the table below.

Parking on Private Land Appeals https://www.theias.org/
The Independent Appeals Service https://www.popla.co.uk/

Hire a Parking Solicitor for less than a coffee.

If you’re thinking about appealing your parking ticket then getting some professional advice is a good idea.

Getting the support of a Solicitor can make your appeal much more likely to win.

For a £5 trial, Solicitors from JustAnswer can look at your case and help you create an airtight appeal.

 

Get started

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The authors
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My name’s Janine, and I’m a mum of two who’s always been passionate about trying to cut down spending costs. I am now sharing as much financial knowledge as I possibly can to help your money go that little bit further.