Applies to private parking charges
You were not the driver
There is no legal obligation on a registered keeper to tell a private parking company who was driving. That surprises people, and operators rarely go out of their way to mention it.
No account, no card, nothing stored.
New private parking rules · October 2026
Operators must not assume the keeper was driving
- The new code says operators must not presume that the registered keeper was the driver.
- Keeper liability still depends on Schedule 4 of the Protection of Freedoms Act 2012. The code points to it rather than replacing it, so everything on this page still applies.
This is from the government's new Private Parking Code of Practice. It applies once the code comes into force, around the end of 2026 at the earliest, so do not wait for it before appealing. Read the full new rules
Why this works
You do not have to name the driver
Unlike a speeding offence, where a Section 172 request creates a legal duty, a private parking operator has no power to compel you to identify anyone. Nothing adverse follows from declining.
Do not describe the day
The most common mistake is writing a letter that says you were not the driver and then explaining what happened while you were parked. That identifies you as the driver and destroys the point.
Put them to strict proof
Ask the operator to demonstrate compliance with every condition in Schedule 4 rather than simply asserting that liability has passed.
Evidence to attach
- Nothing is required. The burden is on the operator to prove liability passed to you
- Do not volunteer the driver's details or an account of the day
More appeals fail on missing evidence than on weak arguments. Send copies, never originals, and keep a proof of posting.
Common questions
Can I appeal a parking ticket if someone else was driving?
Liability only passes to the keeper where every condition in Schedule 4 of the Protection of Freedoms Act 2012 has been strictly complied with. If any condition fails, the charge cannot be enforced against you. Challenging costs nothing, and if the issuer rejects you the escalation to an independent adjudicator is also free.
How long do I have to appeal?
Usually 28 days from the date on the notice, but the deadline that matters is often 14 days. Challenge within that window and most councils keep the 50% discount open for a further 14 days if they reject you. Private operators normally offer a reduced sum for the same period.
What evidence should I send?
Nothing is required. The burden is on the operator to prove liability passed to you. Do not volunteer the driver's details or an account of the day.
What do the new 2026 private parking rules say if someone else was driving?
Operators must not assume the keeper was driving. The new code says operators must not presume that the registered keeper was the driver. Keeper liability still depends on Schedule 4 of the Protection of Freedoms Act 2012. The code points to it rather than replacing it, so everything on this page still applies. The new Private Parking Code of Practice was laid before Parliament on 20 October 2026 and applies once it comes into force.
Does it cost anything to appeal?
No. Challenging the issuer is free, and escalating to POPLA, the Independent Appeals Service, the Traffic Penalty Tribunal or London Tribunals is free for motorists. Voidly does not charge you either.
Write your appeal now
Answer a few questions and Voidly assembles the right grounds for your case, with a checklist of what to attach.
Start my appealOther reasons people appeal
- The signs were not clear
- The notice arrived too late
- You paid but mistyped your registration
- Your vehicle was never at that location
- You were only a few minutes over
- The payment machine was not working
- You had a Blue Badge
- You were at a hospital
Voidly produces a draft letter to help you appeal. It is not legal advice. Always check the letter and the deadline on your notice before sending.