A Parking Charge Notice commonly shortened to ‘PCN’ 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 Penalty Charge Notice – it is, in this context, a Parking Charge Notice. 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 PCN 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 PCN has been issued and if it has not already been paid. It is written confirmation to a Registered Keeper that the PCN is still outstanding and will also provide details of the choices available in order to deal with the PCN.
If an NTK is ignored, processes are instigated to collect the money due on the outstanding PCN. It is possible that the value of the PCN will be increased as a result. Contrary to the advice given on various forums, ignoring a PCN issued on private land is not the best course of action. If you feel you have been issued with a PCN incorrectly, the best thing to do is to contact us. Do not just ignore your PCN, 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.
You should not ignore the notice, if you do the amount due may increase. Instructions on what to do will be shown on the PCN. You should contact us and explain your reasons for any dispute. If you appeal within the time limit stipulated, you will have a further opportunity to pay at the reduced rate.
For PCNs issued after 1 October 2012 an independent appeals service has been established and is available if you have been provided with a unique IAS number.
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.
The IAS is an acronym for the ‘Independent Appeals Service’ and is provided by the International Parking Community , ‘IPC’.
If you lose your appeal, you should pay the PCN. If you refuse, the amount of the PCN 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.
We advise you to pay. If you do not, then the matter may be passed to our solicitors, and the balance may increase as a result. If you have a legitimate reason for non-payment, get in touch with us.