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A new Code of Practice for private parking companies
13 April 2021
The Ministry of Housing, Communities and Local Government has published its response to a consultation about parking code enforcement framework, outlining the framework surrounding a new independent Code of Practice for private parking companies.
Some key points of the new framework include:
- A new “one stop shop” for parking appeals, meaning that penalties can be appealed to the same service regardless of which parking operator issued it.
- Parking operators will be required to belong to an operated Approved Operator Scheme (AOS) run by an Accredited Trade Association (ATA) in order to have the ability to request data from the DVLA.
- 50% discounts will apply for early payment of penalties.
- A 50% reduction in penalty charges. (In London, illegal parking will result in an £80 penalty. Outside of London, the penalty will be £50).
- It is expected that there will be a review of the code every two years.
The consultation took place following “concerns about the poor practice and behaviour of some parking operators”.
In conversation with BBC Radio 4’s Moneybox host Paul Lewis, guest Flora described her own parking nightmare. She said, “I was going to the park with my friends and I went to park and I saw a great big sign which said, ‘free parking’, which sounded great to me. I then came back an hour or two later and found a yellow ticket on my windscreen. I went back to the sign and saw that underneath it actually said, ‘free parking if you get a ticket from our ticket machine’ and, in fact, the fine itself said ‘£80 fine’ and if you read underneath that in tiny print it said ‘£40 if you pay it back within two weeks’, which obviously is very frustrating because I got a parking ticket in a car park which is free to park in.”
Minister Eddie Hughes of the Ministry of Housing, Communities and Local Government said that this is exactly the sort of incident which the new Code of Practice aims to prevent. He said, “We will be expecting trade associations to undergo accreditation so that they can, in turn, ensure that their members guarantee that the content and placing of signage is compliant with the new code”.
Paul Lewis raised the point that, given that parking in London costs £40 under the new reduced pricing system and a penalty, if paid promptly, costs the same, there is no deterrent for illegal parking.
He also asked minister Eddie Hughes if the Driver and Vehicle Licencing Agency (DVLA) will continue to be allowed to sell driver data to private parking firm in order for them to issue ‘penalty notices’. Eddie Hughes said, “I imagine that we will need to fund that system so that that information is accessible to those parking operators because that’s the information that they need in order to enforce the fines and that’s why we’re working to make sure that there are fewer fines and so fewer needs for them to access that information and people therefore know that if they’re going to be fined, it’s legitimate and within the confines of the new code that we have created”.
The British Parking Association (BPA), however, is concerned that the proposed 50% reduction in car parking rates will not be an effective deterrent for illegal parking and there are also concerns about supermarketcustomers being pushed out of free parking areas by those looking to avoid fees.
BPA Director of Operations and Business Development Steve Clark said, “The last year has provided us with overwhelming evidence that lower penalties allow for antisocial behaviour from some motorists seeking to find a parking space as close to their destination as possible. The government’s announcement to lower the charges that can be issued on private land, is therefore nonsensical.
We at Marshall Leasing are always interested in the latest developments in parking rules and regulations and trust that you find this information useful. If you would like assistance from our team of experts, please get in touch with us at info@marshall-leasing.co.uk or by calling 01480 414541.
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