KEY POINTS TO KNOW WHEN parking
When parking what you need to do...
Wherever you park it is really important that you read the signage. You should always check signs for specific rules and restrictions before parking your car. For example, note any time restrictions, permit and payment requirements.
Whether you are parking on public or private land is irrelevant. You must still comply with the terms and conditions on the signage.
The difference between public and private land is that public land is managed by Local Authorities through the Traffic Management Act. Private land is managed by private parking companies, normally with contract law. Private land doesn’t just include private car parks like pay and display car parks, supermarkets, retail parks or train stations etc. Private land includes residential & commercial car parks, private roadways and even land where parking is not permitted. So it is important that wherever you park your car that you read the signage and understand your obligations.
Are parking charges issued by a private company legitimate?
Only parking charges that have been issued by members of the International Parking Community (IPC) or the British Parking Association (BPA) meet the strict criteria set by the sector.
If the parking charge was issued by a parking company that is a member the IPC or the BPA then the parking company is legitimate and is complying with the Code of Practice.
The Code of Practice can be viewed here
You can check the Accredited Trade Association (ATA) members lists below:
If the parking company is not a member of either of the trade associations then they will be unable to get the vehicle keeper details from the DVLA and therefore they may not be able to pursue the charge, unless you provide them with your details! You should think long and hard before providing your details to a company who is not an ATA member and be wary that it is not a scam.
On the 1st October 2024 the trade bodies introduce the single Code of Practice for private parking.
This means that:
· All new sites must be compliant with the Code requirements for signage.
· All aspects of the Code including the Appeals Charter, allowing a 10 minute grace period and maintaining a complaints log must be complied with.
The Code permits a period of transition where ATA members will be required to meet the new standards for their existing sites (sites that are active prior to 1st October 2024) in full by 31 December 2026.
Anyone receiving a parking charge will have the ability to pay at a reduced rate, within 14 days of it being issued and can contest the charge through an appeals process if they believe it is incorrectly issued or it should be cancelled.
Are the independent appeals processes actually independent?
The independence of the Independent Appeals Service (IAS) and the Parking on Private Land Appeals (POPLA) is crucial for ensuring fair treatment in parking disputes in the UK.
The IAS handles appeals for parking charges issued by IPC members.
The IAS operates independently with adjudicators who are legally qualified and decisions are based on the merits of each case and the evidence presented.
POPLA is the appeals service for parking charges issued by members of the BPA. POPLA is operated by Ombudsman Services.
POPLA ensures its adjudicators are legally qualified and independent from the parking operators.
Both the IAS and POPLA are independent bodies who are able to provide impartial dispute resolution services.
The charges
Parking Charge amounts
Appealing a Parking Charge
Appealing a Parking Charge
Parking charges issued on private land are normally capped at a maximum of £100.
There may be occasions where parking charges are issued for more than £100, for example where you have left the car park without paying the tariff
(where the tariff is more than £60)
There are some parking operators who will issue parking charges for less than £100.
If you pay the charge within 14 days then the charge must be reduced by 40%, so a £100 parking charge must be reduced to £60.
(Operators are not required to offer a 40% reduction for an unpaid parking tariff)
Where a parking charge remains unpaid, an additional fee of up to £70 may be added.
Appealing a Parking Charge
Appealing a Parking Charge
Appealing a Parking Charge
If you want to appeal, it’s important to do so quickly. All parking charges can be appealed within 28 days of being issued.
Parking operators will require you to provide evidence to support your appeal.
Where additional evidence is required, you will normally be given a reasonable timeframe for your additional evidence to be provided.
Parking charges must be reduced by 40% if they are paid within 14 days. If you were to appeal the parking charge within 14 days, and the parking operators rejects your appeal, they must restart the 14 day timeframe for you to pay the parking charge at the reduced rate.
Can I appeal the parking charge after paying?
What is the difference between a Grace Period and a Consideration Period?
What is the difference between a Grace Period and a Consideration Period?
You may be able appeal the parking charge if you have paid. However, this is at the discretion of the individual parking operator.
Most parking operators will not let you appeal if you have paid the parking charge.
If the operator will not allow you to appeal after paying the parking charge it must state that on the notice.
What is the difference between a Grace Period and a Consideration Period?
What is the difference between a Grace Period and a Consideration Period?
What is the difference between a Grace Period and a Consideration Period?
A Grace Period occurs after a permitted period of parking. A Consideration Period is the time given to a motorist so that they can read the terms of parking and make the decision whether to remain on site and be bound by them.
A Grace Period occurs after a permitted period of parking. EG: A motorist has pre-paid for 1 hour of parking, they now have a 10-minute GRACE PERIOD before being issued with a parking charge. A Grace Period does NOT apply when the period of parking is less that 30 minutes of where there is no permitted period, e.g. permit holders, no parking.
A Consideration Period is the time given to a motorist so that they can read the terms of parking and make the decision whether to remain on site and be bound by them. Motorists are given a set period of time to read signage; align with the rules, or not enter the contract and leave the site. EG. A motorist arrives on site, reads the signage and purchases a ticket before leaving the site.