Double Parking Charge
Summary
Where an operator issues two separate parking charge notices relating to the same vehicle, the same date, and the same or overlapping parking period, one charge is duplicative and must be cancelled. The BPA Code of Practice expressly prohibits operators from issuing more than one charge for the same contravention. Common law also prevents double recovery for the same loss. Success rate at POPLA is approximately 90% where both PCNs clearly relate to the same event.
Legal Basis
BPA Code of Practice: an operator must not issue more than one charge for the same contravention. Common law: a party cannot recover twice for the same loss. If two charges arise from one parking event, the operator has only one claim — not two.
When This Defense Applies
This defense applies where you receive two or more PCNs for what is, on examination, a single continuous parking period. This can happen through system errors (two ANPR reads treated as separate events), human error (a warden issues a ticket while an ANPR ticket is also generated), or administrative failures. Check both PCNs for the vehicle registration, date, location, and time period — if they overlap or describe the same event, you have grounds to demand cancellation of one.
Evidence Required
Documenting the duplicate is straightforward:
- Both PCNs showing same vehicle registration
- Both PCNs showing same date
- Comparison of parking periods — same or overlapping time ranges
- Any ANPR entry/exit timestamps showing a single continuous parking event
Win Rate
Approximately 90% success rate at POPLA — one of the highest of all defenses. Where both PCNs are from the same operator and clearly relate to one event, cancellation of one is essentially guaranteed.
Sources
- BPA Code of Practice
- Common law — double recovery principle
Frequently Asked Questions
- One charge is from a different operator — does the double charge defense still work?
- If two different operators both issued charges for the same event (e.g., warden ticket and ANPR ticket from separate contracts), each operator's charge must be addressed separately. However, you can argue in each appeal that you are being pursued twice for the same event, and that together the charges are disproportionate.
- One PCN is for a different type of contravention — what then?
- If both charges genuinely describe different contraventions (e.g., overstay and no valid permit), the double-charge defense does not apply. If they describe the same core contravention with different framing (e.g., no payment and overstay from the same period), the argument remains that one event cannot generate two charges.
- Should I appeal both or just one?
- Appeal both, identifying in each appeal that you are also challenging the other PCN on double-charge grounds. This prevents either from becoming final while you resolve the matter. State in each: 'I have received two PCNs for the same parking event on [DATE] — both cannot be enforced.'
- Can I just pay one and ignore the other?
- Do not pay either without first resolving both. If you pay one, the operator may argue you have accepted that event gave rise to a valid charge, making it harder to dispute the second. Appeal both before making any payment.
Related
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