This is what ChatGPT says Rob. If its correct and its a council ticket then they have to prove he didn't have a ticket. If its private you might still have a case.
My friend got a parking fine recently but he insists he bought a ticket and displayed it. Do the parking companies or councils have to prove you didn't have a ticket or is the onus on you to prove you did have one?
In the UK the answer depends on
who issued the notice and
under what legislation it was issued. Here’s the breakdown:
1. Council-issued Penalty Charge Notice (PCN)
These are issued under statutory regulations (e.g., Traffic Management Act 2004), not contract law.
Burden of Proof
The
council must show that the contravention occurred.
They usually do this by:
- The Civil Enforcement Officer’s (CEO) notes
- Photographs showing no ticket on display
- A record of the CEO checking the dashboard/vehicle interior
If the council asserts that “no valid ticket was displayed,” they need to support this with evidence.
Your Friend’s Responsibility
Your friend then provides evidence to rebut it—usually:
- A photo of the ticket (if kept)
- The original ticket
- Bank/transaction record if paying by machine/app
- Any mitigating circumstances
If the ticket was displayed but fell off or flipped over, councils often
still uphold the PCN unless the local authority has a discretionary policy.
2. Private Parking Charge (ParkingEye, UKPC, etc.)
These are NOT fines—they are invoices under contract law.
Burden of Proof
The operator must show,
on the balance of probabilities, that:
- The terms were breached
- No valid ticket was purchased or displayed
They generally rely on:
- ANPR logs showing no payment matched to the reg
- Attendant notes/photos
- System records from their payment machines
Your Friend’s Responsibility
Your friend can rebut this by:
- Showing the original ticket
- Providing payment proof
- Explaining machine errors (if applicable)
If they paid but entered the wrong registration, many companies will cancel if evidence shows a matching timestamp and proof of payment.
In summary
| Issuer | Who must prove the contravention? | What you must show |
|---|
| Council | Council must show you didn’t display a ticket | Provide evidence you did or mitigating reasons |
| Private firm | Company must show a breach of contract | Provide evidence of payment or error |
If your friend still has the ticket or bank record, the case is much stronger.
If not, it becomes “balance of probabilities,” where councils tend to be stricter than private companies.
If you want, I can help draft an appeal letter tailored to council or private parking depending on which it was.
I think it was a cash payment and he no longer has the ticket. I suggested he asks for proof that no ticket was displayed
That’s a sensible approach—and it’s important to understand how that request is treated depending on
who issued the notice. Here’s how it usually plays out:
If it’s a Council PCN
Councils must base the PCN on evidence. You can absolutely ask for:
- Photos taken by the Civil Enforcement Officer
- The CEO’s notes (they must record what they saw)
These should show:
- No ticket displayed
- The dashboard/windscreen clearly visible
- Time and location
If they cannot provide clear photos or their notes are poor, that strengthens the challenge.
Even without the ticket, it’s worth arguing that:
- You bought a ticket in good faith
- Paid cash
- It must have blown off the dashboard, slipped, or wasn’t noticed
- Their photos don’t prove it wasn’t displayed
Councils still often enforce “no display” strictly, but weak evidence can lead to cancellation, especially at the informal stage.
If it’s a Private Parking Charge
Private operators must show the terms were breached on the
balance of probabilities. You can ask for:
- All evidence being relied on to support their claim
- Camera logs or attendant photographs
- Payment machine audit records for that period
Many private firms rely only on ANPR showing no payment matched to the registration, but cash payments without entering registration complicate things—they can’t match it digitally.
If they cannot show:
- A clear photo of no ticket displayed
- An attendant record
- Payment machine logs showing no purchase
…then their claim of “no valid ticket” becomes weaker.
Important nuance
Your friend’s request for “proof no ticket was displayed” is logically fair, but parking bodies often reverse the burden in practice. They say:
But legally, they must still justify issuing the charge in the first place.
What your friend can do now
Even without the ticket:
- Request the photographic evidence they relied on
- Request CEO/attendant notes
- Ask for a machine audit (private parking)
- State that a cash ticket was purchased and displayed
- Point out any unclear or inconclusive evidence they provide
If this goes to independent appeal:
- Council → Traffic Penalty Tribunal or London Tribunals
- Private → POPLA or IAS (depending on operator; IAS is trickier)
The adjudicators focus on evidence quality, not assumptions.
