Drivers Can Leverage '£20 Rule' to Contest Parking Penalties Stemming from App Glitches
A consumer disputes expert has detailed how motorists slapped with hefty parking fines due to technical issues with parking apps can invoke the little-known '£20 rule' to potentially avoid a full payout. Scott Dixon, writing on Sky Money, highlighted that many drivers fall victim to fines when they fail to update their vehicle registration details in apps after purchasing a new car, but this doesn't necessarily mean they must pay the entire charge.
Case Study: A Viewer's Parking App Dilemma
Mr Dixon responded to a query from a viewer named Rachel, who recounted her experience: "I used a car parking app but due to tech issues I hadn't realised it didn't save my new vehicle reg details. I paid for parking but under my other car reg and received an email saying parking had been paid, but then received a £60 fine. What are my rights?" He clarified that such situations involve a 'speculative invoice' for an alleged breach of contract on private land, not a formal fine, and advised that appeals are often successful under the industry's code of practice.
Understanding Keying Errors and the Code of Practice
Mr Dixon explained that the Private Parking Sector Single Code of Practice, which parking operators are required to follow, distinguishes between minor and major keying errors. A minor error, like typing a zero instead of the letter "O", should result in the fine being cancelled if proof of payment is provided. For major errors, such as entering the wrong registration number, paragraph F3 on page 49 of the code stipulates that the fine should be reduced to £20 for 14 days, provided evidence is submitted.
- Conditions for the £20 reduction: The driver must have paid the parking tariff but made a major keying error, or been delayed by medical appointments or childcare issues.
- Appeal process: Drivers should appeal, attach proof of payment, explain the app failure, and remind operators that no financial loss occurred, making the charge disproportionate.
Escalating Appeals and Handling Debt Recovery
If an initial appeal is rejected, which is common, Mr Dixon recommended requesting a POPLA code from British Parking Association (BPA) members to escalate to a second stage, or using the Independent Appeals Service (IAS) for International Parking Community members. He warned that letters demanding £170 from firms without enforcement powers can generally be ignored, except for 'letter before claim' notices, which require a response as they precede court action.
He emphasised: "Your case is cast iron and reinforced by the parking sector's own code of practice. You should be given the opportunity to pay £20 to cover admin fees. Always get written confirmation of cancellation to protect against future debt collector pursuits."
Industry Concerns Over Government Code Changes
Last month, the BPA expressed worries about potential "unintended and avoidable consequences" from a new Government-planned code of practice for Britain's parking sector. A Ministry of Housing, Communities and Local Government consultation is considering banning debt recovery fees, currently capped at £70, added to unpaid tickets, and reviewing the £100 cap on parking charges with a 40% early payment discount.
The BPA argued that eliminating debt recovery fees might lead operators to take more cases to court as their "only option left", potentially overwhelming the legal system. Alison Tooze, BPA chief policy and engagement officer, stated: "We fully support the Government's code, but warn against operational realities that could cause 'Carmageddon' in towns, as seen in Bournemouth and Aberystwyth, where gridlock occurred from unfair motorist behaviour."
Simon Williams, head of policy at BPA, added: "We don't support debt recovery companies in private parking and hope the Government code addresses this. A £100 charge escalating by £70 after 28 days seems disproportionate and may intimidate people into paying rather than appealing unjust fines."
