In this guide I cover the most recent up dates to the government announcement to regulate private parking charges on private land by private parking companies and what will be the impact of the regulation upon the motorist. In consultation with consumer groups and parking operators, it is expected that the regulation currently known as the Private Parking Code of Practice will come into force by the end of 2023
What is the Private Parking Code of Practice?
The Code of Practice contains guidance to enable private landowners to recover parking charges from the registered keeper of a vehicle parked on their land. With additional powers the land owners can pursue the registered keeper of a vehicle for unpaid parking charges by issuing penalty charges, providing certain conditions are met. The Code of Practice also contains guidance for the proposed changes in the law about the operation and management of private car parks by private parking companies and the adjudication of appeals against parking charges.
Why has the Code been introduced?
In consultation with the private parking industry and consumer groups it was important to understand with clear guidance the rules and regulations surrounding private parking charges and how to avoid potential disputes. Without the introduction of the Code, private parking companies remained largely unregulated, although they were obliged to abide by the codes of practice of their respective accredited trade associations, there continued to be a need for regulation in the industry. The RAC Foundation analysis shows that in 2019/20 there were no fewer than 8 million vehicle keeper requests by private parking companies
What is the intention of the new Parking Code of Practice?
The new Code of Practice shows that the government is taking steps to regulate private parking companies and is aimed at promoting fair practice in the operation and management of private parking facilities on private land and how to handle appeals against private parking charges by private parking companies
I am a driver. How will the Code of Practice help ?
The Code introduces obligations on the private parking companies to use clear signage, accessible displays of terms and conditions and provide a grace period for motorists to change their mind ( rule of thumb usually 10 minutes). These measures would help drivers to make informed decisions and have more confidence when parking on private land.
Is there a right of appeal against the private parking charge under the changes Code of Practice ?
Yes, there is an appeals process. Currently, anyone who receives a private parking charge can formally appeal to the private parking company that issued the penalty, citing their grounds for appeal and provide supporting evidence where possible. If the company rejects the appeal you can take your appeal through to the Independent Adjudicator such as Parking on Private Land Appeals (POPLA) and the Independent Appeals Service (IAS). If the Adjudicator finds in your favour, the private parking company is compelled to cancel the private parking charge.
Are there any proposed changes in the Code to the Adjudication process?
Yes, there is a proposal to introduce a single Adjudicator body to oversee the implementation of the Code of Practice and to decide what constitutes a reasonable and proportionate charge, with no additional fees for parking on private land
When will the changes in the law for private parking charges take effect?
There will be an implementation period to allow parking operators time to adjust their practices and ensure compliance with the new Code.
The government say that they will continue to work with industry and consumer groups to ensure that the Code comes into effect as quickly as possible.
It would appear that the changes in favour of the motorist will have so some way to minimising concerns around parking sign displays , signage by private parking companies. Further, all appeals will be handled by one adjudication body rather than several, thereby clamping down on rogue operators. However, what appears to remain outstanding are the charges which vary from one operator to another. Consumers group have argued that any regulation must move in line with public authorities by capping the charges to a fixed amount.
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