New Private Parking Code of Practice to be introduced

The International Parking Community (IPC) and British Parking Association (BPA) have created a new Private Parking Code of Practice to be introduced on 1st October 2024.

Private car parks in the UK will be required to adhere to this new set of rules.

KEY POINTS IN THE NEW PRIVATE PARKING CODE OF PRACTICE

• Mandatory 10 minute grace period for Parking Charge Notices.
  
  This covers land where parking is permitted or invited for a set period of time. The grace period starts after a permitted period of parking
  
  
• A consistent set of signage and rules.
  
  The single Code of Practice creates a unified set of rules that dictates signage, create consistency and clarity for motorists. Signage must be clear to give motorists an opportunity to read the T & Cs and make an informed decision before entering into the contract.
  
  
• A clear and transparent Appeals Charter for those challenging Parking Charge Notices (not fines) for alleged breach of contract for parking on private land.
  
  
• Clear consistent standards and guidelines for motorists to appeal.
  
  
• A new ‘oversight group’ to ensure private parking operators are following the rules.
  

The BPA and IPC has stressed that the new Code of Practice will continue to protect the most vulnerable in society. There will be no decrease to the deterrent for abuse of Blue Badge bays or those who choose to park selfishly by putting their own convenience above the needs or rights of others.

The new Private Parking Code of Practice is set to be fully published in June 2024 and implemented on 1st October 2024.

Private car parks will have until 2026 to bring their signage and other procedures in-line with the new rules.

All new locations established from 1st October 2024 will have to adhere to the list of requirements.

Private parking operators who don’t comply risk expulsion from the Trade Associations. Membership is the only way to access the DVLA database, which allows private parking operators access to keeper details and issue Parking Charge Notices.

WHAT THE BPA AND IPC SAY

Chief Executive of the BPA, Andrew Pester, said:

“The implementation of a single industry-wide Code of Practice is a crucial milestone as we work closely with Government, consumer bodies and others to deliver fairer and more consistent parking standards for motorists. We will continue to push for a positive outcome for all.”

Will Hurley, Chief Executive Officer of the IPC, said:

“This is a long-awaited day, the sector has been calling for a single Code of Practice for a long time and today we are proud to be committing to it.

“The single Code will benefit all compliant motorists and will present clear consequences for those who decide to break the rules. The sector has listened to the motoring community and today we are acting.”

WHAT THE RAC SAY

Following the announcement by the private parking industry that it is to introduce its own ‘code of conduct’, RAC head of policy Simon Williams said:

“We’re flabbergasted that the BPA and IPC have suddenly announced plans to introduce their own ‘private parking code’ after doing all they can over the last five years to prevent the official Government Code created by an Act of Parliament coming into force.

“While there are clearly some positive elements to what the private parking industry is proposing, it conveniently avoids some of the biggest issues around caps on penalty charges and debt recovery fees which badly need to be addressed to prevent drivers being taken advantage of. These elements, alongside a formal appeals process, are currently being worked on by the Government and in our opinion can’t come soon enough. Nothing should stand in the way of the official Code, least of all a new industry scheme which muddies the waters and risks confusing drivers.

“For the private parking industry to all of a sudden paint themselves as being whiter than white with their own ‘code’ and appeals charter takes irony to another level.”

PRIVATE PARKING FIRMS ISSUE OVER 35,000 TICKETS A DAY

Private parking firms are issuing over 35,000 parking tickets to motorists every day, according to the RAC Foundation.

The RAC Foundation scrutinised Government data and found 9.7m parking tickets were issued to motorists by private parking firms between April and December 2023.

This is an average of over 35,300 private parking tickets issued every day. This is up from 11.1m the previous year where an average of over 30,400 tickets were issued every day.

That’s approx. 12.93m a year – an increase of approx. 16.5% on 11.1m the previous year.

Each ticket can cost up to £100, meaning the total annual cost to motorists could exceed £1.29bn.

This is clearly a lucrative industry.

Private parking firms have been accused of using misleading and confusing signs, aggressive debt collection and unreasonable fees.

Legalese and intimidating jargon on these invoices is also an issue, some of which is misleading and inaccurate.

PRIVATE PARKING CODE OF PRACTICE CONSULTATION

A long awaited Code of Practice was originally laid before Parliament in February 2022. The UK Government withdrew it five months later following a legal challenge by private parking companies.

A new call for evidence on the issue closed on 8 October 2023. Responses were invited and welcomed from anyone who wished to respond.

A further consultation will follow on the options for parking charges and debt recovery fees.

15 March 2024 marked the five-year anniversary of the Parking (Code of Practice) Bill becoming law. Ministers passed the law after promising to regulate private parking operators.

The private parking industry threatened a legal challenge, resulting in the framework being withdrawn in June 2022.

WHAT WAS THE PRIVATE PARKING CODE OF PRACTICE?

The private parking code of practice contained guidance on the operation and management of private parking facilities in England, Scotland and Wales.

First published by the government on 7 February 2022 but later withdrawn on 7 June 2022, it set requirements for private parking operators to follow when enforcing parking restrictions on private land. The code covered several matters, including:

• signage and surface markings
• ticketing and payment of tariffs
• recovery of unpaid parking charges
• complaints handling and professional standards

An aim of the code was to improve drivers’ experience of private parking facilities. The code would have capped the level of parking charges that private operators could issue to mirror the local authority system for public parking more closely. It would have increased the discount from 40% to 50% for paying a parking charge within 14 days. Additionally, it would have prevented parking operators from adding additional fees to the original parking charge or parking tariff (if this is higher than the parking charge to be paid).

The code was scheduled to come into full effect by the end of 2023. It would have applied to public-use car parks, private-use car parks, short-stay areas and prohibited parking areas in England, Wales and Scotland. It would not have applied to on-street parking on public highways, nor would it have overruled byelaws applicable to parking.

WHY WAS THE CODE OF PRACTICE INTRODUCED?

Private parking operators are not subject to a statutory regulator. However, there are two accredited trade associations (ATAs) that represent members from the parking industry: the British Parking Association and the International Parking Community. ATAs enforce their own code of practice amongst their membership.

The Parking (Code of Practice) Act 2019 required the government to introduce a statutory code of practice for private parking. The act was initially introduced as a private member’s bill by Greg Knight (Conservative MP for East Yorkshire) in response to concerns about “inconsistent practices and unfair treatment” of motorists.

Introducing the Parking (Code of Practice) Bill’s second reading debate in the House of Commons, Mr Knight spoke of various issues faced by motorists who use private car parks. This included “poor signage, unreasonable terms, exorbitant fines, aggressive demands for payment and an opaque appeals process”. He said the introduction of a code would reassure drivers that private car park operators would treat them in a “fair and proportionate” manner. The bill received royal assent and became the Parking (Code of Practice) Act 2019. 

A Department for Levelling Up and Housing spokesman said:

“The Government continues to work with the industry and consumer groups to reissue the Code as quickly as possible.”

In reality, this is looking increasingly unlikely in an election year. It’s unlikely it will ever see the light of day in the foreseeable future.

WHAT THE RAC FOUNDATION SAY

Steve Gooding, director of the RAC Foundation, said: “Since March 2019 many things have happened. The five years have seen us through four prime ministers, a pandemic and a cost-of-living crisis.

“But what we’ve not seen is the implementation of the protections MPs were queuing up to support when the Parking (Code of Practice) Act made its way onto the statute book all those years ago.

“Ministers would do well to consider how their performance looks to the many millions of drivers who’ve been issued with a ticket since the law was enacted.

“What’s needed is a swift dose of hurry-up treatment in this election year if those voters are not to be left feeling badly let down.”

PRIVATE PARKING CODE OF PRACTICE

The Code of Practice, which was initially due to come into force across the UK by the end of 2023, stated that the cap on tickets for some parking offences should be halved to £50.

It’s withdrawal pending a review of charges will likely delay it.

The Private Parking Code of Practice will allow drivers to more easily challenge an unfair parking charge through a new independent appeals service. All private parking operators will also have to follow the code.

The DVLA charges private parking operators £2.50 per record for Keeper details. This means that the DVLA received over £32.3m in revenue – an increase of approx. 16.7%.

185 private parking operators requested Keeper details between April and December 2023.

ParkingEye was the most active, buying nearly 569,000 records.

WHAT IS THE DIFFERENCE BETWEEN A COUNCIL PARKING TICKET AND A PRIVATE PARKING TICKET?

Private parking tickets are called Parking Charge Notices and are invoices for a breach of contract on private land.

These invoices are deliberately designed to look like an official Council issued Penalty Charge Notice. Private parking operators use legalese jargon to intimidate and force you to pay an invoice for an alleged breach of contract.

A private parking operator cannot fine you. A private parking operator must belong to an accredited Trade Association to access keeper details from the DVLA. They must adhere to the Trade Association’s Code of Practice to do so.

You cannot ignore a private parking ticket. They can be pursued through the Small Claims Court as a debt and you risk incurring a County Court Judgement (CCJ).

A CCJ wrecks your credit record and ability to secure affordable mortgages, loans, mobile phone contracts, etc.

Council parking tickets are called Penalty Charge Notices. These are legally enforceable and are fines issued by local authorities for infringements on public highways.

REASONS TO APPEAL A PARKING TICKET

Local authorities and private parking operators rarely do anything right or by the book. Evidence is key on all appeals. Keep all receipts, photos, screenshots of a payment confirmation and any evidence you have to support an appeal.

The most popular appeal relates to obscure and hidden signs. All signs need to be clearly visible and to a prescribed criteria so you can make an informed decision. It cannot be said that you were given sufficient guidance to make an informed decision if this is the case.

Illegal signs = illegal fines.

My book is packed full of advice to help you with this. It is £6.99 to download and read on any electronic device and £8.99 paperback.

PRIVATE PARKING TICKET APPEAL LETTER TEMPLATES

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MY VIEW

The unregulated private parking industry is worth over £1bn a year.

This doesn’t go far enough. This new Code of Practice has only been introduced to appease the UK Government’s more stringent Code of Practice which they frustrated with a legal challenge.

Most Parking Charge Notices are issued by ANPR cameras which do not take into account grace periods or other mitigating circumstances. Motorists remain vulnerable to predatory tactics by private parking operators who routinely flout the voluntary Code of Practice which is rarely enforced on its members who fund it.

It does not address the use of third party debt collectors. They are “strangers to the debt” and use legalese jargon to intimidate and coerce motorists into paying up to £170.

This is just smoke and mirrors. Nothing will change so long as this unregulated industry is allowed to police themselves. I want to see a proper Government Code of Practice that can be properly enforced.

What do you think of this new Code of Practice? Do you think it goes far enough?