A parking charge notice from a private company on a supermarket, retail park or residential car park is not a fine issued under statute. It is a claim under contract or trespass, and the rules for pursuing the registered keeper of the vehicle are set out in Schedule 4 to the Protection of Freedoms Act 2012. This guide covers England and Wales, where Schedule 4 applies; GOV.UK notes that paying and challenging parking tickets works differently in Scotland and Northern Ireland.
Private charge or council penalty?
GOV.UK explains that a penalty charge notice (PCN) issued by a local council, for example, comes with a 28-day payment period, a charge certificate that adds 50% if unpaid, and ultimately a court order. For tickets from private companies, such as those in supermarket car parks, GOV.UK says to check the ticket or contact the issuer for deadlines and ways to pay. The distinction matters because a private operator has no statutory power to fine anyone. Schedule 4 defines a “parking charge” as a sum in the nature of a fee or charge where the obligation arises under a contract, or a sum in the nature of damages where it arises from trespass or another tort, however the sum is described.
Land that Schedule 4 covers
Schedule 4 applies to “relevant land”, which is any land other than a highway maintainable at public expense, a parking place provided or controlled by a traffic authority, or land where parking is subject to statutory control, meaning that a statutory provision imposes a liability in respect of parking there. A 2025 order added a carve-out for certain railway byelaws, in force from 26 December 2025. Where the charge is framed as damages for trespass, adequate notice of the sum must have been given to drivers, either by notices meeting any prescribed requirements or, if none apply, by notices that specify the sum for unauthorised parking and are adequate to bring it to drivers’ attention.
When the keeper can be held liable
The starting point is that the driver owes the charge. The right to recover from the keeper, under paragraph 4, arises only if the creditor cannot enforce against the driver because it does not know both the driver’s name and a current address for service. The keeper is presumed to be the registered keeper unless the contrary is proved. The operator must also have applied to the DVLA for the keeper’s details within the relevant period, the display requirements for signage must have been met at the start of the parking period, and the vehicle must not have been stolen at the start of the parking period, which is presumed unless the contrary is proved.
The notice deadlines
There are two routes. Under paragraph 9, where no notice was left on the windscreen or handed to the driver, a notice to keeper must be handed over or delivered within 14 days beginning with the day after the parking period ended. Under paragraphs 7 and 8, a notice to driver is first fixed to the vehicle or handed to the person in charge while it is stationary, and the notice to keeper must then be given in the period of 28 days that follows the 28 days beginning the day after the driver notice. A posted notice is presumed delivered on the second working day after posting, unless the contrary is proved. Each notice must relate to a single period of parking, identify the vehicle and land, state the amount unpaid, name the creditor, and mention any prompt-payment discount and the dispute or complaint arrangements available, including independent adjudication.
What the keeper can be asked to pay
Paragraph 4 says the right against the keeper can be exercised only after 28 days beginning with the day the notice to keeper is given. The maximum sum recoverable is the amount specified in the notice to keeper, less any later payments. The paragraph does not affect any other remedy the creditor has against the keeper or anyone else, but double recovery is not allowed. Where the vehicle is a hire vehicle, paragraph 13 provides for the keeper right not to apply in certain circumstances.
Appealing to POPLA
POPLA describes itself as an independent appeals service for parking charge notices issued on private land, free to motorists, which considers evidence from both the motorist and the operator. It warns that its decision cannot be reviewed later, so all details and evidence should go in with the appeal. The process begins with a verification number, then gathering evidence, submitting the appeal and tracking it. Schedule 4 itself refers to the creditor beginning proceedings to recover unpaid charges from the keeper; the guides to county court judgments and the small claims court explain what happens then.
FAQs
Can a private company fine me?
No. Schedule 4 treats the charge as a fee under contract or damages for trespass, not a fine,.
What if I was not the driver?
The keeper notice invites the keeper to name the driver and give a current address for service. Keeper liability arises only where the operator does not know both the driver’s name and address.
Does POPLA cover council tickets?
No. POPLA says it deals with parking charge notices issued on private land; council PCNs have separate rules described by GOV.UK.
The bottom line
Schedule 4 lets private operators pursue the registered keeper in England and Wales only if strict conditions are met, including the notice timings, prescribed evidence and signage requirements, and only for the sum stated in the notice. A charge is a civil claim rather than a fine, and POPLA offers a free independent appeal. Anyone facing a claim should check each notice against Schedule 4 and consider advice. This is general information, not legal advice.