The Government has announced new protections for motorists against unfair private parking penalties, including a guaranteed five-minute period to decide whether to park and a £20 cap on charges for certain administrative errors.
Under a new private parking code of practice, drivers will also have 10 minutes to leave a car park after their paid parking session expires before a penalty can be issued.
New rules for genuine mistakes
The Ministry of Housing, Communities and Local Government said the rules would give motorists greater protection when appealing charges arising from genuine mistakes or circumstances beyond their control. These could include briefly stopping to check directions, breaking down in a car park, experiencing a medical emergency or being unable to pay because of a faulty ticket machine.
Drivers who make certain administrative errors, such as forgetting to display a parking permit, entering their registration number incorrectly or failing to confirm their details at a payment machine, will be eligible to have charges reduced to a maximum of £20 on appeal under the new rules.
Prime Minister Andy Burnham welcomed the measures, saying: “Being a few minutes late back to your car or typing one digit of your numberplate wrong shouldn’t end with a hefty fine landing on your doormat.
“These charges leave people feeling ripped off and out of pocket, so I’m putting a stop to them. We are introducing clearer rules, longer grace periods and lower charges for genuine mistakes, while going after the deliberate scams that rip drivers off.”
Record number of tickets
The code will retain a maximum private parking charge of £100, with operators risking the loss of access to DVLA vehicle keeper records if they fail to comply with the rules, according to the Government. Private parking firms rely on information held by the Driver and Vehicle Licensing Agency (DVLA) to identify vehicle keepers and pursue unpaid charges.
The announcement comes amid a sharp rise in private parking tickets. Analysis of Government data by the Press Association and motoring research charity the RAC Foundation found that private operators issued a record 16.9 million tickets in the year to the end of March.
That compares with 14.4 million in the previous year and 6.8 million in 2018/19. With individual charges reaching £100, the volume of tickets could represent more than £4.6 million a day in penalties at the current rate. The parking industry has attributed the increase to a growing number of car parks being managed by private operators.
Independent oversight board
The new code will cover England, Scotland and Wales and introduce a fully independent scrutiny and oversight board for the first time. Private parking companies will be required to provide information about the charges they issue and the way they handle appeals, allowing their practices to be examined by the board.
The Government also plans to consult on debt recovery fees added to private parking charges, including whether to reduce the existing £70 cap or remove the fees altogether.
Simon Williams, head of policy at the RAC, described the code as a “step in the right direction” towards protecting motorists from the practices of some private parking companies, but said it fell short of the changes his organisation had sought.
He said: “We’ve long called for the banning of debt recovery fees being added on top of parking charge notices (PCNs) and a single independent appeals body to replace the two industry-run ones, but neither have been included, which is disappointing. That said, the fact we finally have a code seven years on from the Private Parking Code of Practice Act becoming law is positive.
“Car park management companies will now have to conform to a new set of rules or risk losing access to the DVLA’s database which they depend on to issue PCNs to drivers. This will hopefully prevent many drivers wrongly being issued tickets in the first place.”
Mr Williams added: “While this isn’t quite the Christmas present we wanted for drivers, it should hopefully save many the stress of having to challenge unfair tickets.”
Nicholas Lyes, director of policy at road safety charity IAM RoadSmart, welcomed the introduction of a single code of practice but said further action was needed to improve the appeals process and tackle debt recovery practices.
He said: “It is welcome to see new protections put in place for drivers through a single code of practice; however, we would have liked to see a single appeals system and action against debt recovery organisations as part of the package.
“Ultimately, we need to get to a place where parking on private land is a seamless, straightforward, and clear process, not one fraught with potential traps which leaves drivers unfairly out of pocket.”
Alison Tooze, chief policy officer at the British Parking Association, said the organisation “welcomes” the new code, describing it as “an important step forward for motorists, communities and responsible parking operators”.
She said: “The code builds on many of the principles already established through the sector’s existing voluntary code, helping create a more consistent, transparent and trusted framework.”
Ms Tooze added: “Overall, the code strikes the right balance between stronger protections for motorists and effective parking management, helping keep communities, businesses and local economies moving.”
Crackdown on clocked cars
The new code is expected to come into force by the end of this year. Alongside the parking reforms, the Government has announced plans to crack down on second-hand car dealers who tamper with vehicle mileage readings to make cars appear less used than they are.
Although selling a vehicle with a fraudulently altered odometer, commonly known as a “clocked car”, is already illegal, the practice will be added to an official list of banned practices. The Government said this would make it easier for enforcement authorities to take action against offenders.
However, the parking proposals have drawn criticism from the Conservatives, who argue that the measures do not go far enough to protect motorists from rising costs.
Greg Smith, a shadow transport minister, said: “Andy Burnham posing as the driver’s friend is a joke. This is the same Labour Government that is doubling parking fines right across England. Five minutes’ grace in a supermarket car park will not fool anyone.
“The £100 maximum stays exactly where it is and Labour has ducked banning the debt recovery fees piled on top. Labour’s war on drivers carries on regardless. Only the Conservatives, with our Plan for Drivers, will back the people who keep this country moving.”
