New private parking rules that help drivers get fines cancelled or reduced explained
THE rules around private parking fines have changed in a bid to create a fairer system for drivers.
Parking firms can issue fines for breaches of their terms, such as overstaying time limits or parking without a valid ticket.
But these firms have been inundated with complaints over unclear signage, excessive penalties and a lack of robust appeals processes when things have gone wrong.
The new code means that customers in private car parks can get fines reduced or even waived if they meet certain conditions.
The government’s Ministry for Housing, Communities and Local Government has been working to introduce a government-backed Private Parking Code of Practice.
But the two major private parking trade bodies – the British Parking Association and the International Parking Community – pre-emptively launched their own code on October 1 last year.
All new parking sites needed to be compliant by this code from October 1 last year, but existing car parks don’t need to follow the rules until 31 December 2026.
However, this new code of practice differs substantially from the proposed official government code and is not backed by the law – and experts have warned it doesn’t go far enough to protect drivers.
What are the new rules?
Ten-minute grace periods
One of the biggest changes brought in by the new rules is around the “grace time” that you have when parking.
This is the period of time where no extra charges can be issued once your ticket has expired.
The minimum grace period has been extended to 10 minutes to help drivers avoid penalties for minor delays.
Clearer signage
Operators must now display terms and conditions prominently.
Signs must be clear, legible, and include all necessary information, such as parking charges and time limits, to ensure that motorists can make informed decisions before deciding to park.
This includes ensuring that signs can be read from within the car, to allow disabled people to understand the rules before parking.
New appeals charter
There is also a new appeals charter, which outlines circumstances where fines should be either waived completely or reduced to just £20 (for 14 days, before rising again).
Consumers shouldn’t be fined at all if they:
- Pause on a private road network momentarily to check directions
- Made a minor keying error when registering their vehicle (e.g. typing a 1 instead of an I)
- Stopped in a ‘no stopping zone’ to avoid an accident, give help in an emergency, or give way to an emergency vehicle.
Motorists can get fines reduced to just £20 if they meet the following conditions:
- where the driver has paid the tariff but made a major keying error when registering their vehicle for example, letters wrong or missing; characters swapped; motorist entered the wrong car registration (e.g. their previous car or another vehicle from their household)
- where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by an overrunning medical appointment, or as a result of delay resulting from childcare arrangements
- where the vehicle has broken down
- where a permit to park has not been displayed but the driver subsequently supplies a copy of the permit, they hold that would have been valid at the time identified in the notice
- where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a copy of the Blue Badge they hold, that would have been valid at the time and in the circumstances identified in the notice
- where one or more payment machines were out of operation, no alternative payment options were available (e.g. by phone) and the driver could not reasonably be expected to have accessed machines on the controlled land that were still in operation
What are the concerns?
While the new protections are good news, experts have warned the rules are “watered down” compared to the government’s planned rules and fail to protect drivers and from excessive charges.
And in a survey of 1,847 motorists, the RAC discovered that nine-in-10 (87%) don’t trust that the private parking industry’s new code is actually fair.
RAC head of policy Simon Williams said: “We accept that some of the measures being introduced by the parking industry are an improvement on the status quo which, we have long argued, is totally unacceptable.
“But what operators will now be expected to do falls miles short of what drivers have been promised by the Government.
“We badly need an acceptable cap on parking charge notices, along with a cap on debt recovery fees as, in our opinion, both are disproportionate to most parking contraventions.
“Finally, a truly independent single appeals system is needed for those who feel their initial appeal to the company concerned has not been listened to.”
Jack Cousens, head of roads policy for the AA, added: “It’s somewhat ironic that after pushing so hard against adopting one, the two bodies have decided to implement their own.
“This watered down ‘code of practice’ falls far short of the standards The AA, Government and consumer groups have called for across many years.
“This self-authored ‘code’ doesn’t acknowledge the need to cap charges and remove debt recovery fees. These elements are desperately needed from a government backed Code to protect innocent drivers from the sharks running private car parks.”
Where do the new rules apply?
It’s important to note that the new code applies specifically to private parking, which often includes spaces at shopping centres or supermarkets.
According to the wording in the code, it applies to two specific types of parking:
- Open to the Public – land where there is an open invitation for any member of the public to park their vehicle, subject to terms and conditions. This includes free parking areas, where there is a limit on the length of time a vehicle may be parked and areas where parking may be made for a fee.
- Restricted areas – This is all other areas of controlled land. This includes no parking areas, roads or areas where there is an invitation for certain people to park their vehicle such as customers of a particular shop, residents or those displaying a permit or Blue Badge.
The code is compulsory for all parking operators who are members of the British Parking Association (BPA) and the International Parking Community (IPC).
Councils must follow a much stricter set of rules, which specifically set out what people can be fined and under what circumstances.
Do you have a money problem that needs sorting? Get in touch by emailing money-sm@news.co.uk.
Plus, you can join our Sun Money Chats and Tips Facebook group to share your tips and stories
Do you have a money problem that needs sorting? Get in touch by emailing money-sm@news.co.uk.
Plus, you can join our Sun Money Chats and Tips Facebook group to share your tips and stories