New private parking code of practice comes into force

A new code of practice for private parking firms has come into force, changing the rules around grace periods, signage and appeals.

The British Parking Association (BPA) and the International Parking Community (IPC), the two trade bodies for private car park operators, first announced the changes in May.

All new private parking sites must be compliant from 1 October 2024, while pre-existing sites have until late 2026 to comply.

The BPA and IPC say the changes aim to 'raise standards and deliver greater transparency and consistency for the benefit of motorists'.

But some organisations, such as the RAC, have criticised the move after a number of private parking companies prevented the government from introducing its own code of practice announced in 2022.

Here, we look at the new rules under the code and how it differs from what the government had planned.

Grace periods, signage and appeals

Under the new code, you'll be granted a 10-minute grace period at the end of your stay at new parking sites.

All new private car parks are required to provide clear signage and must comply with a single set of rules.

There's also a new appeals charter for those who receive charges with 'mitigating circumstances'.

Examples of mitigating circumstances - which mean parking firms must reduce your fine to £20 for a period of 14 days - under the new code include:

• If you made a major keying error - such as inputting a wrong letter, missing a letter, or inputting the wrong registration entirely - when paying for your stay.
• If you fall unwell, or are delayed by a medical appointment or as a result of childcare arrangements.
• If your vehicle has broken down.
• If you have a parking permit but failed to display it (and subsequently are able to provide a copy of your permit).
• If you failed to dispay your Blue Badge but are subsequently able to provide a copy of it.
• If one or more payment machines were out of operation and no alternative payment options (such as paying via an app) were available.

The code of practice also states that you can't be pursued for parking charges if your fine was a result of a minor keying error (such as inputting an o instead of 0).

A new oversight group has been set up, ensuring that the interpretation of the code is consistent across private car parks. But there may be some inconsistency to begin with; all new private car parks are expected to comply from 1 October 2024, while pre-existing sites have until late 2026 to be compliant.

It's worth checking the T&Cs carefully before using a private car park to make sure you don't get caught out.

• Read more: how to appeal a parking ticket

Private parking code

The government had planned to introduce its own private code of practice (announced in February 2022), which proposed:

• Capping fines at £50, half the current maximum. Fines of up to £100 would only remain in place for drivers wrongly parked in Blue Badge bays.
• A compulsory 10-minute grace period at the end of a parking stay.
• A 50% discount for fines paid within two weeks.
• Higher standards for signage.
• Banning the use of aggressive language on parking slips.
• An independent appeals service to make contesting fines more straightforward.

However, the proposed code was temporarily withdrawn in June 2022 after some private parking companies issued legal proceedings against the proposals to change maximum fines and ban additional fees.

The BPA and the IPC say they’ve been ‘working to create a single code that achieves the government's intentions, while still functioning on a practical level in the real world'.

Simon Williams, head of policy at the RAC, said the sector's decision to create its own set of rules 'muddies the waters and risks confusing drivers'. He added that the code '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.'

• Find out more: the rise of private parking fines

How to appeal a private parking fine

If you think you've been unfairly issued with a parking ticket, follow our tips for appealing.

1. Appeal to the car park operator

Your first step is to appeal to the operator which issued your ticket, also known as a Penalty Charge Notice (PCN), explaining why the charge shouldn’t stand and providing as much evidence to explain why.

You can use our letter template to draft your appeal.

However, you may lose the opportunity to pay a discounted rate (which is normally a 40% discount if paid within two weeks) if your appeal is unsuccessful.

Private car parks will belong to one of two trade associations – either the IPC or the BPA.

If the car park is a member of the IPC, you’ll be afforded an additional two weeks at the reduced rate as long as you submit your appeal within 14 days of receiving the fine.

But if it's part of the BPA, the operator isn’t required to extend the window for a reduced fine if your appeal is unsuccessful. The BPA told us, though, that in most cases, the parking operator will honour the reduced rate.

2. Appeal again to a trade association

If your appeal to the car park operator is unsuccessful, you can contest this decision via whichever trade association the car park is a member of. Check whether the car park is an IPC or BPA member. If it's a member of the BPA, you'll need to appeal to POPLA, and if it's a member of the IPC, your appeal will be with the IAS.

Again, you’ll want to include as much evidence as possible to show you weren’t in breach of the rules, that you did pay or that the parking operator acted in breach of its trade body’s code of practice.

If your appeal is still unsuccessful, the operator can continue to seek payment from you and has the option of taking you to court.

Be warned that if you are taken to court, you’ll have to pay the other side’s costs if you lose, although the fine cannot be increased.

This story was originally published on 2 May 2024 and updated on 1 October 2024 with the news that the parking rules are now in force.