APPEALS

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FREQUENTLY ASKED QUESTIONS

Why was I issued with a Parking Charge Notice?

​PCNs are issued by Carflow when motorists fail to comply with the terms and conditions of a car park under our management. Carflow ensures that a sufficient number of large, clearly legible signs are positioned in prominent places throughout each car park. These signs clearly set out the terms and conditions of the car park.

If a motorist has breached these terms and conditions (e.g. they have overstayed a free period or paid an insufficient amount to cover their parking), we will issue a PCN.  ​If you feel you have been incorrectly issued with a Parking Charge Notice, Carflow will consider your appeal via the process outlined below.

​What are my parking rights?

​Parking on private land is governed by the Protection of Freedoms Act (POFA) 2012, which introduced keeper liability for parking charges incurred on private land. If you are the keeper of a vehicle that has contravened the rules of a car park under our management, and you are unwilling to disclose the driver of the vehicle, it is your responsibility to pay the PCN. In the event that you refuse to either pay or acknowledge the PCN, we may pursue you via debt recovery action or through court proceedings. ​
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​What will happen if I ignore this PCN?

​The British Parking Association has created a comprehensive and trusted information resource to allow motorists to understand their rights and responsibilities when it comes to parking. This gives particular attention to best practice on parking rules and regulations as well as clear advice about what do to do if you receive a parking ticket, signs to look out for and other useful facts about the appeals processes available. In order to save time, it is advisable for motorists to familiarise themselves with the legalities of parking to understand whether they have legitimate grounds for their appeal before appealing to Carflow.

​Please find a link to the website here:  www.knowyourparkingrights.org

​​​How was a contract formed with the driver?
​​By parking, waiting or otherwise remaining on the private land of a car park that Carflow manage, motorists enter into a contract with Carflow Ltd and agree to comply with the terms and conditions as set out on the signage at the site. If the motorist fails to comply with the terms and conditions, they agree that they are liable to pay a Parking Charge Notice.

​​How do I appeal?

​All appeals and complaints must be made in writing and can be sent either electronically or by post. No payment is required to appeal. ​​​All appeals must be received within 28 days of the PCN issuance date. All charges will be frozen until an appeal decision is made.

​​What if I am unsatisfied with the outcome of my appeal?

​If your appeal is unsuccessful, you will be advised in writing and provided with details of the independent appeals service (POPLA) and a unique appeal reference. You may not avail of the independent appeals service unless your appeal to Carflow is rejected in the first instance.

​​I wasn’t the driver at the time of this parking event. What should I do?

​If you were not driving the vehicle at the time of the alleged offence, you should tell us the name and address for service of the driver and pass the notice to them. If the parking charge has not been paid in full after 29 days from the given date and we have not confirmed that the details you have given are the correct name and current address for service of the driver, we have the right to recover any unpaid part of the parking charge from the registered keeper, subject to Carflow complying with the applicable conditions under Schedule 4 of the Act. Should you provide an incorrect address or identify someone who denies they were the driver, we may pursue you for any unpaid PCN amount.

​​I have submitted an appeal but have not heard back. How long can I expect an outcome to be reached?
​​We aim to respond to all appeals within 28 days of receipt, but a response will usually be sent before this. If you haven't received our response to your appeal, we would prompt you to check all inboxes, including your junk mail. We cannot be held responsible for your junk mail settings or for you failing to check your junk mail if indeed our reply went to your junk mail folder.

​​Is this parking charge fair and reasonable?

​The level of our parking charge is upheld by the British Parking Association Code of Practice. Further to this, the Supreme Court decision "ParkingEye Limited (Respondent) v Beavis (Appellant) [2015] UKSC 67" saw the judges maintain that:

"With regard to Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”), the charge did not come within the basic test for unfairness. ParkingEye had a legitimate interest in inducing customers not to overstay, in order to efficiently manage the car park ..... The charge was no higher than was necessary to achieve that objective. Objectively the reasonable motorist would have, and often did, agree to the charge.

"However, the £85 charge is not a penalty. Both ParkingEye and the landowners had a legitimate interest in charging overstaying motorists, which extended beyond the recovery of any loss. The interest of the landowners was the provision and efficient management of customer parking for the retail outlets. The interest of ParkingEye was in income from the charge, which met the running costs of a legitimate scheme plus a profit margin [99]. Further, the charge was neither extravagant nor unconscionable, having regard to practice around the United Kingdom, and taking into account the use of this particular car park and the clear wording of the notices [100-101].”

A copy of the judgment can be found here: (www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf).

​​Do you have a complaints procedure?
​Carflow takes complaints seriously as they help us to improve our service and help resolve any issues pertaining to the consistency and quality of our business operations. It is important to differentiate between a complaint and an appeal.

We define a complaint as the following:
“A concern or issue regarding the quality of the service provided by Carflow, our processes and/or the behaviour of our staff.”

We define an appeal as the following:
“Correspondence relating to the decision by Carflow to issue Parking Charge Notice (PCN) or Notice of Parking Charge (NPC) where a change to that decision is sought after or required.”

If you wish to complain, details of our complaints policy and how to make a complaint can be found here. ​​