Parking Legalities on Private Land:
The Protection of Freedoms Act 2012 states (under Schedule 4) That we can charge drivers/registered keepers (as applicable) the amount stated on our car park signage. Our parking charges comply with the guidance issued by the IPC (International Parking Community).
POFA (Protections of freedoms act) provides authority to PPC (private parking companies) which are complainant to the IPC code of conduct to acquire payment of an unpaid parking charge from the driver of the vehicle who has breached/contravened the terms and conditions set out by the PPC while parking. The registered keeper must notify us with (within 28 days of requesting information) the correct name and address of the driver. If the registered keeper has not notified to us, the register keeper will become liable for the unpaid parking charge and must pay.
All challenges/appeals against a parking charge can be made within 28 days from the date of notifications of the parking charge. In the case of your appeal getting approved the matter will be closed, and the driver/registered keeper will not need to pay the parking charge. In a case or the appeal getting rejected that was made within the 28 days, the driver/registered keeper will be allowed a further 14 days to pay the reduced amount of parking charge. If parking charge is unpaid after 14 days, the full amount will be charged, to the driver/registered keeper. If an appeal has been rejected the driver/registered keeper may appeal to the IAS (independent appeals service). The Independent Appeals Service is listed by the Certified Trading Standards Institute as a certified Alternative Dispute Resolution organisation. The IAS has been assessed as being competent to deal with domestic and cross-border disputes relating to unpaid parking charges issued by private parking companies. IAS will consider your appeal. If the appeal is accepted the matter will be closed, however, if its not accepted then the full parking charge remains due and unsettled. At this point if the payment have not been made, the case will be passed on to our debt recovery agent who will chase payments. If payment is still not made Court proceedings will be issued, at which point Court costs will be claimed. Any unpaid Court Judgment may adversely affect your credit rating.
On the 4th November 2015 the Supreme Court handed down Judgment in the matter between A Private Parking Company and Mr Barry Beavis. This further appeal lodged by the Defendant was heard over the course of three days during July 2015 and the majority decision reached by the Supreme Court, dismisses Mr Beavis’ appeal on both grounds.
In reaching this decision, Lord Neuberger, Lord Sumption, Lord Mance, Lord Clarke, Lord Carnwath and Lord Hodge (Lord Toulson dissenting) found that the Parking Charge levied by the Parking Company was neither ‘unfair’, nor ‘penal’, and concluded that the Parking Company had a legitimate interest in charging overstaying motorists.
The Supreme Court also agreed with the analysis of the amount of the Charge previously proffered by both HHJ Moloney and the Court of Appeal, finding that the sum of £85 was neither ‘extravagant, nor unconscionable’, as well determining that the amount of the Parking Charge was reasonable.
Frequently Asked Questions
Is the Parking Charge enforceable, is it a penalty?
4Front CPM does not issue or collect Penalty Charges, fines or excess charges, which are only enforced by police, traffic wardens or civil enforcement officers under the Traffic Management Act 2004 or the Road Traffic Acts. However, 4Front CPM does have the authority to issue and enforce Parking Charge Notices for contractual breaches on private land. This was confirmed by the Supreme Court in the precedent setting case of ParkingEye v Beavis (2015) UKSC 67
How was a contract formed with the driver?
The Parking Charges issued are levied on the basis of a contract with the motorist, which is set out via the signage at the site. The signage sets out the terms and conditions under which a motorist is authorised to park, be that by payment of the appropriate paid parking tariff or by parking within a limited stay period or similar, and that a Parking Charge will be payable if the conditions are not met. We ensure signage is ample, clear, visible and in line with the IPC (International Parking Community) Code of Practice, so as to ensure that the motorist is bound by the terms and conditions when they enter and remain at a site. All users of the site are obliged to follow these rules.
Does 4Front CPM have the authority to issue Parking Charges?
4Front CPM is authorised by our clients to install signage setting out the terms and conditions of parking, issue Parking Charges for a breach of those terms and conditions, and to recover and retain these Parking Charges. Please note that 4Front CPM is presented as the contracting party on the signage and the creditor within any correspondence sent to motorists.
Is the Parking Charge fair and reasonable?
In terms of the amount of the Parking Charge, the Supreme Court judgment, along with the International Parking Community Code of Practice, supports the level of Charge issued by 4Front CPM. Within this judgment
Are Parking Charges enforceable in Scotland?
In the recent Scottish court case of Vehicles Control Services v Mackie  A7/15 the Sheriff found the Defender, as the driver of the vehicle, to be in breach of contract and liable for the agreed sum of £24,500. The Defender, who had received multiple Parking Charges, disputed the claim on the basis that they believed Parking Charges to be illegal and unenforceable in Scotland. It was established that the Defender had ignored all of the Parking Charge Notices received out of principle.
It should be noted that the Sheriff considered the Supreme Court’s Judgment in ParkingEye v Beavis  UKSC 67 and commented that:
“The charges are nothing more than a legitimate mechanism to create a potential revenue stream to meet costs that would otherwise be borne by the proprietors themselves and without which those services were unlikely to be viable. The Supreme Court touched on this in the “Parking Eye” case ( ParkingEye Limited (Respondent) v Beavis (Appellant) UKSC 2015/0116 ) where Lords Neuberger and Sumption referred to the objectives of owners protecting parking amenity and funding it through user charges thus: “These two objectives appear to us to be perfectly reasonable in themselves”. I respectfully agree.”
Why have the DVLA provided 4Front CPM with registered keeper details?
As a member of the International Parking Community and the Approved Operator Scheme, 4Front CPM is able to obtain the details for the registered keeper of a vehicle from the DVLA where that vehicle has been found to be in breach of the terms and conditions of parking in operation on site.
I regularly park on a car park managed by 4Front CPM, is it possible to obtain contract parking or a season ticket for parking?
Should it be possible to purchase either contract parking or a season pass within a car park managed by 4Front CPM then all relevant information, including instructions about the necessary next steps, will be present on the signage within the car park.
I attempted to pay for parking and did not receive a ticket from the machine, is this a problem?
A large number of car parks that 4Front CPM manage are monitored using automatic number plate recognition (ANPR) cameras. It is not a requirement to display a ticket within your vehicle unless the signage states otherwise. Our systems link your transaction from the payment machine to your vehicle registration. With this in mind, you should always ensure that you enter your full and correct vehicle registration into the payment machine when purchasing a ticket. If you do not receive a ticket from one of our parking machines, it may be that your transaction was not completed correctly and as a result, your payment may not have been successful. In all cases we would advise that you read the terms and conditions of parking carefully as these can vary from one car park to another
Why have I received a Parking Charge?
The car parks managed by 4Front CPM have clear terms and conditions of parking, as detailed on the signage within the car park. If the terms and conditions are breached (e.g. overstaying a free period or not paying for your parking), then a Parking Charge will be issued. If you feel the Parking Charge has been incorrectly issued, we will consider any appeal.
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Why is car park management required?
4Front CPM manages car parks for landholders to ensure that motorists are adhering to the terms and conditions of parking. Maximum stay periods are commonly used by retailers to ensure that there is a regular turnover of spaces and so spaces are available for genuine customers. Similarly, car park management is required at paid parking sites to ensure that motorists are making full payment for parking in every instance. 4Front CPM ensures that the car park terms and conditions are adhered to and that parking spaces are used correctly. Car park abuse is detrimental to landholders and 4Front CPM provides a service that ensures the efficient and regulated use of car parks. The Supreme Court also found in ParkingEye v. Beavis (2015) UKSC67 that there was a clear commercial justification for the issue and enforcement of Parking Charges on private land.
IsI am a blue badge holder, surely my vehicle is exempt from private parking rules?
The Department for Transport’s Blue Badge scheme for the disabled driver allows for blue badge holders to park in certain restricted areas for up to three hours (areas and times may vary depending upon the local authority). This concession applies to the public highway only and is not relevant on private land. In this regard, whilst some landlords provide preferential parking for blue badge holders, this is generally subject to the same terms and conditions found elsewhere in the car park, including any tariff payments that apply to users of the car park and/or any maximum stay period. To avoid confusion, you should always check the terms and conditions displayed on the signage on site.
How can the charge be enforceable if there is a reduction for early payment?
The offer to reduce the amount of the Parking Charge for the first 14 days is not indicative of the fact that it should be considered a penalty and 4Front CPM properly offers a 40% discount for 14 days, as per the International Parking Community code of practice. In addition, as a matter of practicality, there are many commercial situations where a discount is offered for the early settlement of a contractual claim. HHJ Hegarty QC in the case of ParkingEye v Somerfield Stores (2011) stated that this was the case.
Appealing a Parking Charge?
To appeal against a Parking Charge, complete the on-line appeals form by clicking here giving the reasons for the appeal and enclosing any supporting information, i.e. a receipt to prove expenditure at the location, a parking ticket etc. or alternatively click here to pay.
Does 4Front CPM have a fair appeals process?
Each appeal is individually assessed by a trained appeals assessor, who will review not only the site rules, but will apply a common sense approach.
I have submitted an appeal and have not heard back. How long will it take for my appeal to be dealt with?
4Front CPM endeavour to deal with appeals as swiftly as possible. In periods of high volumes, this can take up to 28 days. Once 4Front CPM is in receipt of an appeal, the charge will be placed on hold and the charge value will remain at the level it was when the appeal was received until the appeal has been dealt with.
I have received a Parking Charge and would like to make payment, but I have lost the letter/do not know my reference number.
If this is the case, 4Front CPM would advise making contact with us directly so that this information can be provided. This can be done by emailing CPM@4front-security.com. Please note: any appeals or complaints sent to this email address will not be responded to.
I have received documents from the county court/a debt recovery agency and would like to make payment but am having trouble locating the correct reference number
Should you wish to make payment to 4Front CPM, either via our website or through our payment line, you will be required to provide your Parking Charge reference number this will always start with FS; e.g. FSxxxx. This reference can be found on all correspondence that has been issued to you and is also present on documents from debt recovery agencies, as well as within the ‘particulars of claim’ where legal action has been taken.
Is it possible to get a receipt after I have paid the Parking Charge Notice
Should you require a receipt for the Parking Charge Notice this can be done by emailing CPM@4front-security.com
I am attempting to purchase time to park in a car park managed by 4Front CPM, however the machine is out of order. Who should I contact?
Should the machine be out of order, 4Front CPM would advise contacting someone associated with the site directly, so they can inform us of any issues immediately. If no one is available, you can contact us directly via CPM@4front-security.com . Please note: any appeals or complaints sent to this email address will not be responded to.
My appeal has been rejected and I would like to appeal to the IAS, how do I do this?
When an appeal is rejected by 4Front CPM, the motorist is provided with the opportunity to appeal to the IAS. All information regarding how to lodge an appeal with the IAS is contained within the correspondence issued by 4Front CPM wherein you were informed that your appeal had been unsuccessful. Please note that you are only eligible to make an appeal to the IAS for parking events that have taken place in car parks located in England and Wales.
Will the parking charge increase if I lose my appeal with the IAS?
Should an appeal be lodged with the IAS, then you will have already lost your right to the early payment discount offered by 4Front CPM. Should your appeal then be refused by POPLA, and in order to avoid any further action, you should pay the full outstanding parking charge amount within 14 days. Please note that payment should not be sent to the IAS.
‘I wasnt the driver, therefore I will not be paying the Parking Charge. What will happen?
Pursuant to Paragraph 9(2)(b) of Schedule 4 of the Protection of Freedoms Act 2012, the operator must inform the registered keeper that the driver of the vehicle is required to pay the Parking Charge in full. In addition, as the operator does not know who was driving the vehicle on the date of the parking event, the Act states that the registered keeper, if they were not the driver at the time, should inform the operator of the name and current postal address of the driver and pass the notice to them. The Act then goes on to state that if the parking charge has not been paid in full after 29 days, and the operator has not been provided with both the name and current address of the driver, then they have the right to recover any unpaid part of the parking charge from the registered keeper. This warning is given under Paragraph 9(2)(f) of Schedule 4 and is subject to the operator complying with the applicable conditions under Schedule 4 of that Act.
*Please note, The Protection of Freedoms Act 2012 is only applicable to Parking Charges issued in England & Wales.
What will happen if I ignore the Parking Charge?
If all the correspondence issued by 4Front CPM is ignored and no payment is received, then the Parking Charge will be reviewed and further action could include a referral to a Credit Reference Agency, the instruction of solicitors to secure immediate payment, a referral to debt recovery, or the issuance of court proceedings, all of which will incur further costs. If you wish to appeal a Parking Charge, we would urge you to contact our Appeals Department in writing upon receipt of the first notification.
Looking for a Car Park Management service?
Call 4Front Security Ltd today on All Security Enquires:
0115 987 8566 and we’ll be happy to answer any questions that you may have about the service.