Guidance

Private Parking Code of Practice

Published 7 February 2022

This guidance was withdrawn on 7 June 2022

Private Parking Code of Practice is temporarily withdrawn pending review of the levels of private parking charges and additional fees.

Applies to England, Scotland and Wales

This Code of Practice is published by the Secretary of State for the Department for Levelling Up, Housing and Communities (DLUHC).

Attention is drawn to the following specific regulations and codes of practice:

• The Protection of Freedoms Act 2012
• The Parking (Code of Practice) Act 2019
• The Vehicle Excise and Registration Act 1994
• The Surveillance Camera Code of Practice
• The General Data Protection Regulation 2016 (GDPR)
• The Equality Act 2010
• The Services, Public functions and Associations: Statutory Code of Practice, issued by the Equality and Human Rights Commission (EHRC)
• The Consumer Rights Act 2015

Ministerial foreword

Key to helping our local high streets and town centres roar back into life as part of our recovery from COVID, is encouraging more people to shop local and support local businesses.

Yet, poll after poll - both before and during the pandemic - shows that a lack of cheap, easy parking is one of the greatest barriers to people visiting their local high street.

This is unlikely to come as a surprise for anyone who owns a car, because if there is one thing that unites all motorists it is that poor quality, expensive parking - and the universal fear of a parking ticket - are enough to put anyone off driving into town.

And that fear is not entirely unfounded.

Private firms issue roughly 22,000 parking tickets every day, often adopting a labyrinthine system of misleading and confusing signage, opaque appeals services, aggressive debt collection and unreasonable fees designed to extort money from motorists.

Apart from their inherent unfairness, these practices damage our high-streets, our towns and our city centres. We are determined to bring them to an end.

That is why we threw our full support behind the Parking (Code of Practice) Act 2019 introduced by Sir Greg Knight.

This set out a clear vision for the regulatory system with the interests of safe motorists at its heart and a commitment to making sure that individuals who deliberately park dangerously or obstructively can’t get away with it.

The publication of this Private Parking Code of Practice is a big step towards translating that bold vision into reality.

Produced in close consultation with private parking experts, including consumer and industry groups, this Code sets out straight-forward rules for private parking companies to follow.

It includes things such as clear signage, surface markings and compulsory grace periods so that people parking legitimately at the supermarket to do their weekly shop can no longer be hit with a heavy-handed fine for running a couple of minutes late.

The Code also bans the use of aggressive and pseudo-legal language that we’ve all seen on those yellow parking slips doctored to look like official Penalty Charge Notices.

Importantly, this new Code also allows drivers to challenge unfair fines through a new independent appeals service.

And there will be no wriggle-room for rogue companies who continue to flout the rules. If they fail to follow this Code, they will effectively be banned from issuing parking charges indefinitely.

I would like to thank everyone who has had a hand in developing this Code and its accompanying explanatory document – including those who took part in our public consultation.

They have made sure that these changes will work on the ground, delivering real benefits for both businesses and motorists for decades to come.

We recognise that many of these changes – like bringing private parking charges in line with local authority charges – will take time to implement.

The publication of this Code therefore marks the start of an adjustment period in which parking companies will be expected to follow as many of these new rules as possible. The Code will then come into full force before 2024, when the single appeals service is expected to be in operation.

Taken together I’m confident that these measures will make it much simpler for people to park near their local shops and services without being unfairly fined. In doing so, it will deliver a shot in the arm for our high street businesses throughout our town and city centres, helping them to bounce back from the COVID pandemic stronger than ever before.

Minister Neil O’Brien, Parliamentary Under-Secretary for Levelling Up, the Union and Constitution

Introduction

When parking on controlled (generally private) land, the driver of a vehicle is responsible for:

• respecting such terms and conditions as may be applied by the landowner or those acting on their behalf;
• complying with the terms and conditions governing permitted parking;
• paying the parking tariff (where applicable); and
• paying any parking charge legitimately issued, subject to the resolution of any relevant dispute/appeal.

Parking on controlled land covers many more situations than privately owned car parks, including residential parking areas, parking at commercial premises, privately owned roads (e.g. on industrial estates, business parks and airports), restricted parking (e.g. reserved for Blue Badge or other accessible parking), and land where no parking is permitted. Private parking companies might also be responsible for other aspects of managing parking-related access to controlled land, for example enforcing “no-stopping” restrictions on roads within airports.

The introduction of Schedule 4 of The Protection of Freedoms Act 2012 created a legal basis to claim unpaid parking charges from vehicle keepers and hirers in England and Wales as though they were the driver. This right may only be exercised where the conditions and procedures established by Schedule 4 have been met. Failure by the creditor to comply with the Schedule 4 conditions – which set out in detail how and when notice should be given that liability to pay a parking charge may have arisen - forfeits the right to make a claim against the keeper of the vehicle using The Protection of Freedoms Act 2012 powers. The parking charges to which the Schedule applies arise from breach of the terms of a contract or as pre-estimated damages for an act of trespass.

Subsequently, the Parking (Code of Practice) Act 2019 was enacted. It sets out guidance on:

a) promoting good practice in the operation and management of private parking facilities; and

b) appeals against parking charges imposed by, or on behalf of, persons providing private parking facilities.

This Code of Practice has been created to specify requirements for the operation and management of parking by private companies in England, Wales and Scotland and as such will be adopted by the Secretary of State for Levelling Up, Housing and Communities (the Secretary of State) for the purposes of meeting his obligations under Section 1 of the Parking (Code of Practice) Act 2019.

This Code applies equally to the management of parking and stopping obligations on private land, whether or not the keeper liability provisions within the Protection of Freedoms Act 2012 are being relied upon, unless provisions relating to parking and stopping are regulated by byelaws.

It is the decision of the Secretary of State that requests for vehicle keeper data from the Driver and Vehicle Licensing Agency (DVLA) be granted to members of accredited parking associations to manage parking on their premises directly or as contracted parking operators, unless DVLA has information that shows release of this data would be inappropriate. An accredited parking association is one whose members have been certified by a conformity assessment body which itself has been accredited by the United Kingdom Accreditation Service (UKAS), the national accreditation body. Certification establishes a parking operator’s ongoing conformity of operation in accordance with the requirements of this Code of Practice, subject to ongoing audit by the relevant conformity assessment body. To be accredited by UKAS, conformity assessment bodies need to satisfy the national accreditation body that they are acting in accordance with a certification scheme which specifies how parking operators’ conformity with this Code of Practice should be assessed and monitored, and how instances of non-compliance should be identified and addressed.

There will be an implementation period to allow parking operators to align with the requirements of the Code before it comes into effect. Operators will be expected to fully adhere to the new Code by the end of 2023, by which time we expect the new single appeals service to be operational.

We will review the Code of Practice within two years of it coming into force by the end of 2023. We will take into account data from our ongoing monitoring of the Code and developments in the wider industry, for example any changes to local authority penalties.

1. Scope

This Code of Practice specifies requirements for the operation and management of private parking by companies engaged in managing activities on four categories of controlled land:

• Public Use Car Parks – land/premises where the parking of vehicles by members of the public is invited, subject to such terms and conditions as may apply;
• Private Use Car Parks – land/premises where the parking of vehicles is not openly available to the public, but is permitted for a defined set of vehicles, for example those driven by the employees and/or customers of a business, residents of a development, attendees of an event, or permitted visitors e.g. to a doctor’s surgery;
• Short-stay areas – land/premises where the stopping of a vehicle is permissible for a limited period, for example at airport and railway station drop-off and pick-up zones, but parking as defined in Clause 2 below is not; and
• Prohibited parking areas – controlled land where parking restrictions apply, for example where public parking is not invited, or on roads within airport perimeters where neither parking nor stopping is permitted.

However, it is important to recognise that within these broad definitions of land/premises different terms and conditions may apply e.g. there might be bays reserved for Blue Badge parking, areas reserved for loading bays, restricted permit-holder only bays etc.

While this Code of Practice is for use by any private parking operator, it is of interest to private parking trade associations, consumer and motoring organisations and landowners.

This Code of Practice does not apply to the management of on-street parking on public highways or where the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 apply. Nothing in this Code of Practice overrules the provisions and enforcement of byelaws where they apply.

This Code applies in England, Scotland and Wales.

2. Terms and definitions

For the purposes of this Code of Practice, the following terms and conditions apply:

2.1 accredited parking association

parking trade body, accredited by the Secretary of State, whose members have been certified by a conformity assessment body which itself has been accredited by the United Kingdom Accreditation Service (UKAS), the national accreditation body

2.2 appeals service

body authorised by the Secretary of State to determine appeals against notices of parking charges where an appeal to a parking operator has been made but not upheld

2.3 authorised body

entity designated by the Secretary of State as having a legitimate right to be given access to information this Code requires private parking operators to process and store

Authorised bodies are those the Secretary of State might identify or establish as having a role to play in the framework of parking control, for example UKAS, and accredited trade associations acting as conformity assessment bodies, for the purpose of auditing compliance with this Code.

2.4 Automatic Number Plate Recognition (ANPR)

technology that uses specialist cameras, software and image processing to capture vehicle registration mark (VRM) images

ANPR is often used at the entry and exit points of parking premises to record the time at which a vehicle enters and exits the premises.

2.5 Blue Badge

the scheme was introduced in 1971 under Section 21 of the Chronically Sick and Disabled Persons Act 1970; it aims to help people with severe mobility problems caused by visible and non-visible disabilities to access goods and services by allowing them to park close to their destination

2.6 camera vehicle

vehicle whose purpose is to house technology to capture evidence of contravention of parking terms and conditions

2.7 complaint

a grievance raised about the conduct or process of a parking operator, its services, its employees or its appointed debt recovery agent, which might or might not relate to the issuance of a specific notice of parking charge, but requires consideration and a response beyond the decision on whether to pursue or withdraw the notice

2.8 conformity assessment body

a body accredited by the United Kingdom Accreditation Service (UKAS) to audit parking operators’ compliance with this Code

2.9 consideration period

time allowed for a driver to read and understand the terms and conditions applying on controlled land, identify and access appropriate space in which to park their vehicle, ending when the vehicle is parked, or departs

2.10 controlled land

premises on which private companies manage the terms and conditions applying to the parking of vehicles, directly or under contract with the landowner, including relevant land (see 2.32)

2.11 creditor

person who is entitled to recover unpaid parking charges from the driver, registered keeper or vehicle hirer

2.12 current address (driver)

location (address) at which the driver for the time being resides or at which they can be contacted

2.13 current address (vehicle keeper)

location (address) at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules or the keeper’s registered address

2.14 driver(s)

person(s) controlling a vehicle - including, where more than one person is engaged in the driving of the vehicle, any person so engaged

2.15 grace period

length of time to be added to a parking period within which time no parking charge applies

2.16 keeper

the person by whom the vehicle is kept at the time the vehicle was parked, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper

2.17 landowner

the owner(s) of controlled land or such company or person legally entitled to act on their behalf

2.18 notice of parking charge

document issued to a driver, keeper, hire company or hirer that details the parking charge(s) deemed payable in respect of the parking of a vehicle on controlled land including those issued under provisions of The Protection of Freedoms Act 2012.

1.For a Notice to Keeper - the Protection of Freedoms Act 2012 definition in Schedule 4, paragraphs 8 or 9 (depending upon whether a notice to driver was served first, or not) specifies the basic form and content of the notice issued under the Act.

2.For a Notice to Hirer - the Protection of Freedoms Act 2012 definition in Schedule 4, paragraphs 13 & 14 specifies the basic form and content of a notice to hirer issued under the Act, to be sent after the hirer’s name & address is provided by the keeper in transferring liability before court action begins.

2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving (excluding instances where the driver has stopped to enable passengers leave or enter the vehicle)

A vehicle may be deemed to be parked whether or not the driver has left the vehicle or turned off the ignition

2.20 parking attendant

a person employed by a parking operator to undertake duties on site on controlled land to manage compliance with the terms and conditions applying to parking at that location

2.21 parking bay

space defined by markings and/or materials that indicate where a vehicle is permitted to be parked

2.22 parking charge

(a) in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, and

(b) in the case of a relevant obligation arising as a result of a trespass or other tort, means a sum in the nature of damages, however the sum in question is described

2.23 parking operator 

a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle, the creditor, on controlled land

2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

This is not the period between a vehicle being recorded as entering and departing controlled land.

2.25 parking tariff

a) the schedule of parking fees and time periods to which they relate, applied where parking on controlled land is permitted subject to the payment of defined sums, or specific sum payable for parking where applicable; or

b) a sum payable as a fee applicable for parking on controlled land

2.26 photographic evidence

images captured by Automatic Number Plate Recognition (ANPR), Closed Circuit Television (CCTV), infra-red cameras or other systems including hand-held or body-worn devices or other camera systems capable of securely processing and storing images

2.27 registered address

address of vehicle keeper as it appears on the DVLA vehicle keeper register (or, if that person has ceased to be, the registered keeper as it last appeared on the register)

The details requested and released will be confined to those held for the vehicle at the date of the parking event.

2.28 registered keeper

in relation to a registered vehicle, the registered keeper is the person in whose name the vehicle is registered

2.29 registered vehicle

the vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994

2.30 relevant contract

contract (including a contract arising only when the vehicle is parked on the controlled land) between the driver and a person who is:

a) the owner or occupier of the land; or

b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of a parking charge in respect of the parking of the vehicle on the land

2.31 relevant land

any land (including land above or below ground level) other than:

(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control

Relevant land may include land where parking is offered subject to terms and conditions, land where parking is limited to certain categories of driver and/or vehicle, or land where parking is discouraged.

2.32 relevant obligation 

obligations and restrictions that apply to parking a vehicle on controlled land

2.33 self-ticketing

the process by which a landowner or other person not employed by the parking operator issues a notice of parking charge or records the evidence to support the issue of a notice of parking charge by the parking operator

2.34 sign

an informative display notice comprising symbols and/or text that is displayed other than on the surface of parking premises

1. For example, signs might be free-standing or affixed to the structure of the premises.

2. Signs might contain static information or display a rolling cycle of messages (variable message signs).

2.35 stopped

an instance of a vehicle being caused by the driver to remain at rest whilst in the course of driving

2.36 surface marking

the lines, symbols and/or text applied to the surface of controlled land or created through the use of surfacing materials

2.37 vehicle

a mechanically propelled vehicle or vehicle designed or adapted for towing by a mechanically propelled vehicle

3. Signs and surface markings

Signs and surface markings are used to provide information to drivers to indicate that they are entering controlled land, to display such terms, conditions and restrictions as apply, to direct traffic movements and to delineate parking bays. Signs and surface markings must be designed, applied and maintained in such a way as to be visible, legible and unambiguous to drivers. Operators’ attention is also drawn to existence of best practice guidance as contained in the Surveillance Camera Code of Practice, and the mandatory requirements of the GDPR, where CCTV or ANPR cameras are deployed.

3.1 Signs

3.1.1 An entrance sign must be displayed and maintained at the entrance to controlled land to inform drivers as appropriate whether parking is permitted subject to terms and conditions, including payment, or is prohibited, unless:

a) the nature of the premises makes this unnecessary such that drivers would not reasonably assume parking was permissible; or

1. For example a small shop forecourt or a private driveway fronting a residential property.

b) where not practicable e.g. where local planning restrictions prohibit such signs.

2. For example, for heritage reasons.

3.1.2 The entrance sign must display:

a) the fact that terms and conditions apply to accessing/parking on the site;

b) whether payment is required, or whether free parking is only available for a limited period;

c) the name of the parking operator;

d) the logo of the accredited parking association to which the parking operator belongs; and

e) where payment is required, whether on-site cash payment is available.

The entrance sign must not imply an invitation to park where public parking is not permitted.

The size and positioning of the sign must take into account the expected speed and direction of travel of vehicles approaching the entrance and must be visible (i.e. not be obscured e.g. by foliage or other objects).

The design of entrance signs must comply with the requirements detailed at Annex A.

Entrance signs should be designed to avoid clutter and display only the key information drivers need to know before entering controlled land i.e. whether or not public parking is invited and if so whether a parking tariff is payable; more detail can be provided on signs within the controlled land. In some circumstances, key information may include the maximum level of the parking charge that can be applied. Where parking is invited in the hours of darkness entrance signs must be visible to approaching drivers and hence may require lighting unless sited where there is sufficient ambient lighting in the vicinity.

3.1.3 Signs within controlled land displaying the specific terms and conditions applying must:

a) be placed throughout the controlled land, such that drivers have the chance to read them at the time of parking or leaving their vehicle;

1. In larger areas of controlled land or premises, interim repeater signs may be used to display key information and direct drivers to where more comprehensive information can be found.

b) be sufficiently large to be visible from a distance and legible on approach;

2. A minimum size of 60 cm x 80 cm is regarded as best practice.

c) display information to identify the parking operator and their contact details, including how to make contact out of hours;

3. The provision for out-of-hours contact could be a facility for leaving a recorded message, save in the event of an emergency.

d) display the logo of the accredited parking association which is responsible for maintaining the accreditation of the parking operator;

e) be professionally made (not handwritten) using a sans serif (i.e. highly legible) font;

f) use a sentence-case font size appropriate for the location of the sign so as to be clearly readable by a driver, having regard to the likely position of the driver in relation to the sign;

g) use colours such that the contrast between the background and the text makes the wording on the sign clearly legible;

h) display the parking tariff of sums payable, or indicate where the tariff is displayed if separate, or the duration of permitted free parking as appropriate;

i) be clear, unambiguous and not use the words “penalty” or “fine”, unless there is a statutory requirement to do so;

j) display the parking charge that the parking operator may apply for breaches of such terms and conditions as may apply;

k) where the parking operator is operating controlled land subject to byelaws, indicate the requirements those byelaws impose in respect of parking and the sanctions that apply; and

l) indicate clearly in shared-use land whether and where different terms, conditions and restrictions apply.

4. Where land is governed by byelaws, those byelaws cannot legally be set aside unless specific provision is made to do so, hence it is important that parking operators do not confuse the enforcement of byelaws with the contractual application of parking charges.

5. In meeting obligations to display signs informing drivers of the use of camera surveillance equipment and associated information about their data privacy rights under the GDPR, operators should avoid overcomplicating signs with text that crowds out space for display of the key terms and conditions for staying, e.g. payment of tariff and display of permit.

6. Where the terms and conditions require the driver to do something off site, such as input their vehicle registration mark inside a pub or restaurant, the sign should make clear how this is to be done.

3.1.4 Signs informing drivers that a parking charge may be applicable and of the level of that charge must do so in a font of comparable size and boldness to the main body text on the sign, and where included on signs also displaying the parking tariff a font no smaller than the tariff text/numbers.

3.1.5 It is not necessary for the parking tariff to be displayed in full on the same sign as the terms and conditions, however, where they are displayed separately, the terms and conditions must make clear that a tariff applies, and the signs displaying the tariff must also make clear where information on payment options can be found.

Depending on the nature of the controlled land, it might be appropriate to display the tariff, where applicable, and instructions for making payment and the payment options available separately, e.g. the latter might be shown on or near on-site payment machines.

3.1.6 Signs must be designed and installed so as to be conspicuous and legible in all lighting conditions during which the controlled land may legitimately be accessed, at a height that takes account of whether the signs are intended to be viewed from the vehicle (including by headlight in the hours of darkness) or having left the vehicle by a driver on foot or in a wheelchair.

1. For example in car park premises open to the public in the hours of darkness, lighting of the premises and/or the signs might be necessary depending on the location of the signs in order to meet the test of prominence in the Consumer Rights Act 2015.

2. If there is more than one sign, all should be consistent with regards to typeface style, size and weight, colour and layout.

3.1.7 Signs must be designed and maintained so as to withstand, and remain legible subject to, normal exposure to conditions where they are located.

For example, weathering, bleaching by sunlight, accumulation of dirt, or being obscured by growth of foliage.

3.2 Signs and surface markings – adjoining parking premises

Where different terms and conditions apply to adjoining stretches of controlled land where there is no physical segregation, signs and/or surface markings must be used by the parking operator within the controlled land for which they are responsible to delineate clearly between these premises and alert drivers to the terms and conditions applying.

For example, there might be adjoining premises on business/industrial estates or multi-occupant premises with parking provision specifically earmarked for specific businesses and their clients. Parking operators should also have regard to confusion that might arise where a site is adjacent to a public highway with signs that could be taken to apply to the site.

3.3 Surface markings – delineated parking bays

Where relevant obligations require drivers to park within delineated parking bays, surface markings must be applied and maintained in such a manner as to be clearly visible to drivers in all lighting and weather conditions as might apply.

The delineation needs to be clear in any photographic evidence used to show that a breach of terms and conditions has occurred. Depending on the surface material, it is good practice to use surface markings to display symbols indicating restricted uses, for example, parking bays reserved for parent and child parking, Blue Badge parking, parking for motorcycles or for recharging electric vehicles. As well as considering the materials used for surface marking operators should also consider the nature of lighting to be used – good practice guidance is available including the Society of Light and Lighting Code for Lighting published by the Chartered Institute of Building Services.

3.4 Material change – notices

Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a driver entering controlled land that is or has been open for public parking, the parking operator must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.

Examples of material changes can include introduction of parking enforcement where none has previously applied, introduction of time-limited free parking, or reductions in the time limit within which free parking is available. Given the need to avoid confusion and clutter at entrances the test is whether the fact that a change has been made is clearly signalled to drivers on entering the land and the nature of the change is clearly displayed thereafter - it may also be necessary to install repeater notices depending on the scale of the premises.

4. Accessible parking

Where parking is being provided as a service, parking operators need to have regard to the obligations placed upon them by the Equality Act 2010 and the EHRC statutory code, in particular to make reasonable adaptations to accommodate disabled people. Reference should also be given to the car park accessibility section in Inclusive Mobility, guidance published on GOV.UK by the Department for Transport on the creation and maintenance of an accessible and inclusive built environment and public realm, an essential document for those seeking to produce an inclusive environment and meet the requirements of the Act, including the public sector Equality Duty, and other legislation. Many parking operators and landowners choose to recognise the Blue Badge scheme and provide designated provision with specific bays which allow more space for opening vehicle doors, getting in and out of the vehicle, accessing a wheelchair etc. This might be appropriate for recognising the needs of people with limited physical mobility, but adaptations are not purely physical - people with other disabilities might reasonably need longer consideration period and grace periods, more time to access payment machinery, and other ways to pay where payment is required. Recognition of these obligations is important in the consideration of appeals.

4.1 The parking operator must ensure that at least one sign containing the terms and conditions for parking can be viewed without the driver needing to leave the vehicle, in order for drivers with a disability to be able to make an informed decision on whether to park at the premises.

More signs might be appropriate in larger premises.

4.2 Where the Blue Badge scheme is recognised and display of a Blue Badge is sought, signs displaying the relevant obligations must make this clear, including where the badge is to be displayed within the vehicle, such extra parking time as is being made available, and what, if any, actions the driver needs to take to claim this time. It is particularly important that parking operators make clear to drivers where the rights available to Blue Badge holders on public roads do not apply e.g. rights to stop on yellow lines, and in doing so must ensure there are separate, prominent, readily visible (i.e. low-placed) signs (including repeater signs) indicating clearly that within this land Blue Badge holders are not permitted to stop or park on yellow lines.

For example, telephone, text or email registrations might be required to inform the parking operator that someone is exercising their Blue Badge eligibility.

4.3 Where designated bays are provided, the operator must take such steps as are reasonably practicable to prevent them being used inappropriately by those ineligible to use them, or from being blocked by others.

This might require physical patrols or dedicated camera surveillance.

4.4 In designing accessible bays for Blue Badge holders parking operators must have regard to their duties under the Equality Act 2010 and should make the landowner aware of the best practice guidance that exists, including British Standards BS 8300-1, Design of an accessible and inclusive built environment – Part 1: External environment - Code of Practice, and BS 8300-2, Design of an accessible and inclusive built environment – Part 2: Buildings - Code of Practice.

5. Duration of parking period

As a matter of contract law, drivers need to be given an appropriate opportunity to understand and decide whether to accept the terms and conditions that apply should they choose to park a vehicle on controlled land. In pay-and-display premises, drivers need to have time to make the requisite payment before a parking period commences for the purpose of calculating the time a vehicle is parked in relation to the tariff payable. The amount of time needed varies according to the nature and size of the premises, and in car parks open to the public includes the time needed to find and access a vacant parking bay, or to leave the premises should the driver decide not to park, hence the need for a consideration period before the contract between the driver and the parking operator is made and the parking period occurs. It is also a requirement to allow a grace period at the end of the parking period where parking is permitted.

5.1 Consideration period

The parking operator must allow a consideration period of appropriate duration, subject to the requirements set out at Annex B, taking the following factors into account:

a) the time required for a driver to identify and access a parking bay appropriate to their needs;

1. For example, a driver seeking a Blue Badge parking bay or a parent and child parking bay, waiting for another vehicle to vacate a bay, returning to the vehicle to check the VRM, queuing at a payment machine, etc.

b)the time required for a driver to identify and read signs that display the parking terms and conditions, or the consequences of choosing to park where public parking is not invited;

c) the time required for a driver to identify and comply with requirements for payment;

2. This is particularly important for controlled land where the requirement is to pay and display a permit using on-site machinery, make an exact payment in cash using specific coins, or pay-by-phone or online through a process that could take several minutes.

d) the time required for a driver to leave the controlled land if they decide not to accept the terms and conditions;

e) the impact of the layout of the controlled land on 5.1a) to 5.1d);

f) the impact of the number of vehicles accessing the car park on 5.1a) to 5.1d); and

g) the impact of the volume of traffic within the controlled land on 5.1a) to 5.1d).

3. The consideration period ends at the point where there is evidence that the driver has, by parking, accepted the terms, conditions and restrictions applying (whether or not they have chosen to read them) which may be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or turning off the ignition of the vehicle and remaining stationary for more than 5 minutes.

5.2 Grace period

A grace period as set out at Annex B to this Code must be allowed by the parking operator at the end of the parking period, such that in calculating whether a parking charge is due the permitted period allows for a grace period beyond:

• the time-limited period of permitted free parking, or
• the period for which pre-payment has been made where a parking tariff applies,

at public use car parks and private use car parks for the defined set of vehicles allowed, other than for clearly signed, designated ‘short stay’ locations.

The grace period does not apply other than for the circumstances above where the driver has parked in compliance with the applicable terms and conditions – it does not apply in isolation so as to allow free parking up to the sum of the consideration and grace periods.

5.3 Prohibition on stopping

The provisions of Schedule 4 of the Protection of Freedoms Act 2012 relate specifically to the parking of vehicles on relevant land and the recovery of parking charges – they arose from the need to respect landowners’ interests given the introduction of the prohibition on wheelclamping, and so largely envisage circumstances where a wheel-clamp may otherwise have been applied i.e. to a stationary, generally unoccupied, vehicle. However, this Code also applies to instances where the prohibition on stopping arises from a clear security concern e.g. within airports. Parking operators must only pursue parking charges in instances that could be interpreted as stopping if they have explicit consent to do so on evidenced security or safety grounds from their conformity assessment body, following audit of the adequacy of the signs and surface markings in place to inform drivers of the restrictions in place.

6. Payment of a parking tariff

6.1 On-site payment

6.1.1 Where on-site payment is required, clear information must be displayed within the controlled land on the payment method(s) available in accordance with Clause 3.

6.1.2 Where payment machines are installed within the controlled land, the following information must be displayed on, or near (i.e. adjacent to), the payment machine:

a) instructions for making the payment, including the tariff and the parking charge, the latter being in the largest font used to display the tariff;

b) contact details of the organisation responsible for responding to:

1) queries about the making of the payment;

2) queries about the use of on-site payment machinery; and

3) reports of malfunctioning pay machine equipment.

c) the consequences of a machine being unavailable, i.e. whether alternative payment methods are available, the location of alternative machines and whether inability to pay due to machine failure absolves the driver from making payment or whether inability to pay means the driver is not permitted to park and is required to leave within the appropriate consideration period.

1. If the information cannot be displayed on the payment machine, it should be displayed as close to it as is reasonably practicable.

2. It is best practice for contact arrangements to include a telephone line available during the hours the controlled land is open to the public, in addition to an email and website address, though out of normal working hours the line may only provide a facility for leaving a recorded message save in the event of an emergency.

3. It is best practice for large parking premises requiring the use of on-site payment machines to provide multiple machines, e.g. on several floors of a multi-storey facility, and indicate on each where the next nearest machine is located.

4. It is best practice on controlled land where a parking tariff is payable for the operator to provide at least one alternative means of payment, e.g. cash or credit card, cash or pay-by-phone etc.

d) where ANPR or CCTV is used to manage parking, the information displayed must include the name and contact details for the parking operator where different from the contacts listed for the issues described in 6.1.2b); and

e) parking operators must ensure that payment machines accepting cash must have signs on or nearby indicating:

1) Whether change will be given; and, if so

2) Contact details in the event of the correct change not being delivered.

6.2 Pay-and-display

Where relevant obligations require the parking tariff receipt to be displayed in the parked vehicle, in addition to the information given in 6.1.2, the parking operator must ensure the information provided includes clear instructions on where the receipt is to be displayed. A thorough check through the windscreen and side windows of a parked vehicle must be conducted before a notice of parking charge is issued for non-display of a receipt by a parking attendant.

Where a notice of parking charge is issued by post, it must include time-stamped images clearly showing that no receipt has been displayed and that the vehicle was clearly on the controlled land where the obligation to display applied. In the case of motorcycles and other vehicles, where display on a window or dashboard is not practicable, images must be taken of all locations where a receipt might be displayed. A copy of all the images must be retained by the parking operator along with a record of how they have guaranteed the accuracy of the time stamp.

1. It is good practice to require that the parking tariff receipt be displayed on the dashboard of the vehicle, such that it should be clearly visible for inspection through the vehicle’s windscreen, and for receipts issued on site to be made from appropriate materials so as not to be easily dislodged, e.g. by the closing of the vehicle doors (some systems require the driver to print the receipt e.g. when making payment online). In instructing drivers on where a receipt should be displayed it is advisable to suggest that the driver checks that the receipt is visible as required after closing all doors and securing the vehicle, and that they retain the receipt as proof of payment.

2. It is good practice to ensure the design of a “payment failed” slip is not liable to be mistaken for a parking tariff receipt.

6.3 Keying errors

Where the terms and conditions require the driver to supply their vehicle registration mark at an on-site machine, by telephone or online, the parking operator must have and follow a documented policy and procedure to avoid issuing or enforcing a parking charge in respect of accidental keying errors, including the adoption of technologies that prevent keying errors e.g. by recording the VRM of vehicles entering the land and rejecting those which don’t match on input, and physical checks of photographic images matched to make, model and colour of the vehicle as recorded by DVLA.

1. Some common keying errors can be accommodated within the registration system, for example confusing the letter “o” with the numeric symbol “0”; more advanced systems that record the vehicle VRM on entry can be set up to reject VRMs if they do not match those of any vehicle on site.

2. Attention is drawn to the restrictions on the pursuit of parking charges in no-stopping zones at Annex F, F.2; reasons for consent being granted to enforce no-stopping restrictions may include security concerns e.g. within airport land.

7. Camera images – e.g. ANPR

General

Parking operators may use camera technology to remotely manage parking on controlled land as long as they do so overtly, and in a reasonable, consistent and transparent manner. In particular parking operators must make sure the data they are collecting is accurate, securely held and cannot be tampered with.

7.1 Use of photographic evidence technology

Parking operators must ensure that the equipment and systems used to capture photographic evidence in respect of controlled land are fit for purpose, maintained to a good standard in accordance with the manufacturers’ operating requirements and those of the accredited parking association to which the operator belongs, and are synchronised so that they record accurately photographic evidence of whether a parking charge is due.

1. Operators’ attention is also drawn to existence of best practice guidance as contained in the Surveillance Camera Code of Practice, and the mandatory requirements of the GDPR, where CCTV or ANPR cameras are deployed.

2. Information about the design, security and maintenance of equipment and systems should be recorded and maintained for inspection by authorised bodies.

7.2 Camera vehicles

Camera vehicles used to monitor, and enforce, compliance with relevant obligations must be clearly identifiable as such and must clearly and prominently display the name of the parking operator. Camera vehicles must also bear the logo and may bear the livery of the parking operator. They must not be used for covert surveillance, or carry misleading branding e.g. ‘Road Safety Unit’ or ’Security’.

1. Care must be taken to ensure that photographic evidence from camera vehicles is only used to serve a notice of parking charge in respect of parked vehicles, not vehicles whose drivers have momentarily stopped e.g. to check directions or an address within a business park.

7.3 Use of photographic evidence

Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:

a) at least one of the images captured includes a clear record of the vehicle’s VRM to which the parking charge is deemed to apply;

b) the images bear an accurate time and date stamp applied at the point the picture was taken;

c) the image(s) show, where appropriate, the pay and display tariff receipt as displayed or not being visible; and

d) images generated by ANPR or CCTV have been subject to a manual quality control check, including the accuracy of the time-stamp and the risk of keying errors.

1. The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15). The manual check might also reveal where “tailgating” – vehicles passing a camera close together – is a problem, suggesting relocation of the camera might be necessary.

2. Where parking operators are accepting as evidence for issue of a notice of parking charge images forwarded, copied, uploaded by or stored on an individual’s personal mobile phone or other personal device then, as data controller, the operator must ensure that such images are only kept by the individual capturing the images for the minimal time taken to upload them via an app, webpage or similar secure portal or address supplied by the parking operator, must be satisfied that the image is a true and fair representation e.g. including the accuracy of time stamp, and relates only to the controlled land subject to the relevant conditions.

7.4 Alteration of photographic evidence

Parking operators must not digitally or by other means alter images used as photographic evidence other than:

a) to blur faces or the VRMs of other vehicles in the image in accordance with their GDPR obligations; or

b) to enhance the image of the VRM for clarity, but not to alter the letters and numbers displayed.

8. Notice of parking charge

Guidance on appropriate text to include in a notice of parking charge is given in Annex D. Paragraphs 6-9 of Schedule 4 to the Protection of Freedoms Act 2012 specify the information to be included in notices of parking charge issued under its provisions. It is important that the individual who is suspected of contravening relevant obligations is informed as soon as possible that a notice of parking charge has been raised and of how they should pay or appeal the notice, hence it is best practice to affix the notice of parking charge to the vehicle or hand it to the driver.

8.1 Design and language

8.1.1 The parking operator must not serve a notice of parking charge or include material on its website which in its design and/or language:

a) implies or would cause the recipient to infer statutory authority where none exists;

b) deliberately resembles a public authority civil enforcement penalty charge notice; or

c) uses prohibited terminology as set out in Annex E.

If the notice of parking charge is not being issued under the provisions of the Protection of Freedoms Act 2012 it must not reference them.

8.1.2 The parking operator must ensure that a notice of parking charge informs the recipient:

a) of the contact details of the parking operator (e.g. telephone number, email address, website) and of those to which appeals should be made (where different);

b) whether the notice is being issued under Protection of Freedoms Act 2012 provisions;

c) of the process by which the recipient may appeal against the parking charge;

d) that in the event of the recipient appealing the parking charge and that appeal being rejected, they have a further right of appeal to the appeals service but that the discounted rate no longer applies should that appeal also be rejected;

e) that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date they receive notification that their appeal has been rejected; and

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. Therefore parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third party Mail Consolidator actually put it in the postal system.)

f) of the details of the operator’s complaints procedure in accordance with Clause 11.

8.1.3 The parking operator must ensure that the notice of parking charge does not invite or require the recipient to provide a stamped addressed envelope as a prerequisite for their appeal.

Whilst the provisions of Schedule 4 of the Protection of Freedoms Act 2012 allow parking operators to issue a notice of parking charge to a vehicle keeper or vehicle-hire firm, operators must not when issuing or pursuing a notice of parking charge presume that the keeper of a vehicle was the driver at the time of that vehicle breaching conditions leading to issue of a notice of parking charge.

8.2 Notice of parking charge – level

The level of the parking charge depends on a number of factors relating to the nature and location of the controlled land and the costs/damages borne by the parking operator and/or landowner where the level of tariff or notice of parking charge is intended to discourage drivers from parking, or parking beyond a certain period.

The parking operator must ensure that the level of a parking charge sought is proportionate to the location of the controlled land to which it applies in accordance with Annex C.

Where the parking tariff exceeds the parking charge, the full payment of the tariff may be pursued.

8.3 Process for appealing a notice of parking charge

8.3.1 Parking operators must provide a process for drivers and keepers to appeal against the serving of a notice of parking charge or the pursuit of an unpaid parking tariff, as detailed in the notice of parking charge, which:

a) allows that the notice of parking charge may be appealed within 28 days of its delivery to the driver, keeper or hire company;

b) requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, requires the parking operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information;

c) requires the parking operator to consider appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes – where the addressee only discovers and can show that a notice of parking charge has been issued in their name after the 28-day period the period must restart and any enforcement, including court action, must be paused;

d) precludes the ability to appeal once the charge is paid unless:

• the parking charge had to be paid in order to release a vehicle e.g. on site to release a barrier; or
• evidence subsequently identified suggests wrongdoing by the parking operator in respect of the issue of the notice; and

e) in the event that a physical notice of parking charge is served but not responded to and/or, a notice to keeper is sent and the keeper chooses to appeal, and their appeal is rejected, or then appeals to the Appeals Service, and that appeal is also rejected, the keeper may still then identify the driver, if they were not the driver themselves, at which point the liability of the keeper falls in favour of that of the driver who may still then exercise their right of appeal.

“Exceptional circumstances” include the recipient being away or abroad when the notice was delivered, hospitalised as an in-patient or delivered to the wrong address through no fault of the motorist.

8.3.2 Where a parking operator accepts payment of a parking charge they need not still offer the ability to appeal, providing the requirement to make this clear in the wording of the notice of parking charge (see Annex D) is met.

8.3.3 Parking operators must provide a process for rental and leasing companies to transfer liability to a customer who has hired a vehicle on which a notice of parking charge has been served.

8.3.4 In considering appeals, the parking operator’s process must provide for consideration of mitigating circumstances, with no presumption that these are to be accepted, in accordance with the considerations at Annex F.3.

8.3.5 When an appeal is accepted the parking operator must cancel the parking charge.

8.3.6 Where the parking operator rejects an appeal against a notice of parking charge, they must present the driver, keeper or hire company with the option to:

a) pay the parking charge; or

b) appeal the decision to the Appeals Service.

8.3.7 Where the driver, keeper or hirer lodges an appeal with the Appeals Service, enforcement proceedings and/or debt recovery must either not commence or, where commenced, must be suspended until the Appeals Service determines the appeal.

The parking operator is only required to deal with an appeal from the subject of the parking charge or their appropriately authorised representative, who may be required to show proof of their authorisation to the operator.

8.3.8 Parking operators must accept determinations made by the Appeals Service.

8.3.9 Parking operators must ensure that a statement indicating that free debt advice and/or legal advice services are available is included in all pre-action or debt-recovery stage communications with drivers, keepers and hirers concerning parking tariffs or parking charges but must only make such references after the parking charge is deemed to be overdue.

Website details of organisations that offer free debt counselling and/or legal advice services may be provided in correspondence to drivers, keepers or hirers, though the parking operator is under no obligation to endorse or recommend any particular service.

8.3.10 Private parking operators must record and retain for not less than 36 months, and provide to authorised bodies upon request:

a) the number of notices of parking charge they have issued, by date and location, for the period requested by the authorised body;

b) the number of appeals to notices of parking charge received within the period requested by the authorised body, including:

1) the date of each appeal;

2) the address of the controlled land for which the issue of a notice of parking charge was appealed; and

3) whether each appeal was accepted;

where an appeal has been accepted any remedial action that has been taken by the parking operator to avoid a repeat of the circumstances leading to the issue of the notice of parking charge.

9. Escalation of costs

The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.

10. Action to recover unpaid parking charges

If a driver, keeper or hire company does not respond to a notice of parking charge or subsequent correspondence, or a parking charge has not been paid in full, reasonable endeavours - including contacting credit reference agencies to undertake a ‘soft trace’ - must be undertaken by the parking operator and/or its appointed debt recovery agent to establish the correct correspondence details of the driver, keeper or hire company before commencing enforcement action. Where a new address is discovered the notice of parking charge should be re-issued at the original rate but with a further 28 days from service for a response (payment or appeal).

Debt recovery agencies that are involved in the collection of debt related to private parking charges must be full members of an accredited parking association.

11. Complaints handling

11.1 The parking operator must have and follow a documented policy and procedure to receive, evaluate, make and record its decisions on complaints in a non-discriminatory manner, in accordance with the requirements of the accredited parking association (including escalation where the complainant is dissatisfied) to which it belongs, published on its website, including the action a complainant can take where dissatisfied with the operator’s determination of their complaint. Where complaints will only be considered if received in writing (hard copy or by e-mail) the parking operator must ensure that the address to which complaints are to be sent is readily available e.g. on signs and on the operator’s website.

11.2 Where a parking operator receives a complaint that it considers to be or include an appeal against the validity of a notice of parking charge, the parking operator must also treat it as an appeal for the purposes of applying the timescales in Clause 8.3, and should inform the complainant as such unless and until it is clear that the complaint is not relevant to an appeal or the complainant informs the parking operator that they do not wish it to be so handled.

It might not be immediately apparent that a complaint served as such relates to one or more specific notices of parking charge, possibly by way of a clarification that reveals that an appeal would be worthwhile, hence parking operators are advised to record and handle complaints as appeals until they are found conclusively not to be so or patently refer to matters not relevant to the validity of a notice of parking charge.

11.3 A complaint must be acknowledged by the parking operator within 14 days of its receipt unless exceptional circumstances apply, in which case the complainant must be kept informed by the operator.

For a small operator there might from time to time be limited administrative capacity to handle communications, e.g. due to staff sickness.

11.4 A full response to a complaint must be provided by the parking operator within 28 days of its receipt unless exceptional circumstances apply, in which case the complainant must be kept informed by the operator.

11.5 When a complaint is received, the parking operator must record, retain for 36 months, and make available on request to authorised bodies:

a) the date of complaint;

b) a copy of the complaint;

c) a copy of all correspondence;

d) the outcome; and

e) the details of any corrective action required and undertaken to ensure the situation does not recur (where the complaint has merit), including such advice as may have been given to the complainant;

with personal data redacted as appropriate in accordance with the GDPR.

The name and contact details of the complainant should be removed from the record once the complaint is resolved

11.6 The parking operator must maintain a register showing the last 36 months of complaints for review by authorised bodies.

It is best practice for parking operators routinely to review complaints for evidence of patterns or repeated concerns which might require a review of procedures, refreshing, rephrasing and clarification of guidance or retraining of staff.

12. Insurance

The parking operator must obtain and maintain public liability and employers’ liability insurance at the levels required by the accredited parking association of which the parking operator is a member.

13. Professional standards

It is the responsibility of the parking operator to ensure that staff, agents and sub-contractors used are competent to carry out the tasks they are employed to do and to ensure they act in compliance with this PAS.

13.1 Training

13.1.1 Parking operators must ensure that their staff, whether working as parking attendants (i.e. on site), or handling and processing appeals and operating ANPR systems, are given the appropriate training in accordance with the standards set by Certification Scheme and audited by the relevant conformity assessment body. All front-line customer-facing staff must undergo disability awareness training, which must be refreshed every two years.

13.1.2 Training records must be created by parking operators and retained for no less than 2 years.

13.1.3 Training records must be made available by parking operators to authorised bodies on request for the purpose of compliance monitoring.

13.2 Identification for parking attendants

13.2.1 Parking attendants must be provided by the parking operator for whom they are working with an ID card to a design approved by their accredited parking association which includes:

a) the company name;

b) the parking attendant’s identification number; and

c) a photograph of the parking attendant.

13.2.2 Parking attendants must be instructed by the parking operator to carry their identification card during working hours and to display it on request by a driver.

It is good practice for parking operators to require staff working as parking attendants to wear clothing that clearly identifies them as such, including identification of the parking operator for whom they are acting.

14. Relationship with landowner

14.1 Where controlled land is being managed on behalf of a landowner(s), before a notice of parking charge can be issued written confirmation must be obtained by the parking operator from the landowner(s) covering:

a) the identity of the landowner(s)

b) a boundary map of the land to be managed;

c) such byelaws as may apply to the land relating to the management of parking;

d) the permission granted to the parking operator by the landowner(s) and the duration of that permission

e) the parking terms and conditions that are to be applied by the parking operator, including as appropriate the duration of free parking permitted, parking tariffs, and specific permissions and exemptions, e.g. for staff, residents or those stopping for short periods such as taxi and minicab drivers, delivery drivers and couriers.

f) the means by which the relevant obligations are to be applied by the parking operator;

1. For example, the use of cameras.

g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs

h) the obligations under which the parking operator is working, in compliance with this Code and as a member of an accredited parking association;

i) notification of the documentation that the parking operator may be required to supply on request to authorised bodies detailing the relationship with the landowner; and

j) the parking operator’s approach to the handling of appeals to notices of parking charges.

2. It is good practice, in the parking operator’s interest, for the operator to obtain a statement of the respective responsibilities of the landowner and the private parking operator for the installation and maintenance of items required for the management of the land on which the validity of a parking charge would be based (e.g. signs and surface markings, lighting, CCTV and ANPR cameras and associated technology).

3. Where byelaws have been made, unless specific legal provision has been made to suspend them, they take precedence and therefore careful consideration must be given to ensuring that the parking management arrangements are consistent with them.

4. Particular care is needed to establish appropriate contractual terms, including the application of parking restrictions, in respect of controlled land where leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a requirement on the resident of an apartment block to display a permit to park in contravention of their rights under their lease, or to ensure that free parking periods do not breach planning consents.

15. Self-ticketing/self-reporting

15.1 The processing of notices of parking charges issued by third parties must only be undertaken by parking operators where the parking operator has:

a) written evidence that those third parties have been certified by a Conformity Assessment Body and have read, understood and accepted the practice they should follow in accordance with this Code, including the professional standards in Clause 13; and

b) conducted an audit inspection of the land in question, to check conformity with this Code in particular that signs have been installed and maintained in accordance with Clause 3.

15.2 A parking operator must not issue a notice of parking charge on the basis of photographic evidence supplied by a third party unless it has evidence (which should be presented to the Conformity Assessment Body) to show that notification could not reasonably have been given to the driver or affixed to the vehicle.

For example, a reasonable case where it would not be suitable to place a ticket on a windscreen might be if a driver is attempting to manoeuvre the vehicle at the point that the enforcement officer is preparing to affix a ticket or if the ticketer has reason to believe that affixing a ticket would otherwise compromise their or others’ safety. Parking operators’ attention is drawn provisions in the Consumer Rights Act 2015 relating to ‘prominence’ of terms and ‘consumer notices’.

15.3 Before issuing a notice of parking charge on the basis of photographic evidence supplied by a third party the parking operator must undertake a thorough quality assurance check of the image(s) and maintain a record of having done so for audit by authorised bodies.

16. Incentive schemes

16.1 Parking operators may implement incentive scheme(s) to motivate staff or contractors and improve their productivity and quality of their work, but such schemes must not include elements that separately incentivise the issue of a greater number of notices of parking charge (as opposed to the accuracy and efficiency with which they are issued).

Back office staff might be rewarded for the volume of work they get through, but not in such a way as results in their seeking to add to the total number of notices issued; frontline staff should assiduously identify inappropriate parking behaviour but not simply be incentivised to issue the maximum number of notices of parking charge.

Annex A: Entrance signs

A.1 General

A.1.1 Signs at the entrance to a parking area must clearly show the type of parking available and if, when and how any payment is required to be made. If public parking is not welcomed, that must be made clear. If public parking is welcomed, but subject to a tariff, then the existence of the tariff must be made clear.

A.1.2 If one of the standard wordings in Table A.1 applies, then the standard wording should be used.

If none of the standard wording applies, alternative wording may be used. Words in square brackets may be omitted.

A.1.3 There should be at least one item from Group 1 in Table A.1 on the sign. However, no more than three items from Group 1 should appear before, and more prominently than, text from Group 2. The sign must state that terms and conditions apply and state where drivers can find more details (usually on other notices within the land).

A.1.4 If there are different payment terms for Blue Badge holders, such terms must also be displayed. The words “Blue Badge holders” should generally be replaced or accompanied by display of the Blue Badge symbol (exactly as shown in the Traffic Signs Regulations Guidance Document, not a local version).

Table A.1 – Entrance sign wording

Group 1	Group 2
Pay and display [except/free for Blue Badge holders]	Charges apply [after this] [after x minutes/hours]
[x minutes’/hours’] free parking [for {business name} customers only]	Private land
Pay on exit	Terms and conditions apply
Pay [on foot/at machine] when leaving	See the notice[s] [in the car park] for details
Parking for [business name] customers only
Permit holders only

A.2 Text size

A.2.1 The capital height for Group 1 text in Table A.2 depends on the approach speed of traffic. Group 2 text must be at least 50% of the size of Group 1 text. All other text must be smaller than 50% of the Group 1 text size.

The name of the car park or parking area, or a brief welcome message (if included), may be larger.

Table A.2 – Entrance sign text size

Situation	Typical approach speed (mph)	Minimum capital height for Group 1 text (mm)
Barrier control	under 10	50
Parking area entered immediately by turning off a 30 mph road	15	60
Car park entered from higher-speed road or using a length of access road	25	90
Service areas on motorways and dual carriageways	40	120

A.2.2 The sign should be placed so that it is readable by drivers without their needing to look away from the road ahead.

Any text on the sign not intended to be read from a moving vehicle can be of a smaller size.

A.3 Contrast and illumination

A.3.1 There must be colour contrast between the text and its background.

The best way to achieve this is to have dark, preferably black, text on a white background, recognising that the use of corporate colours, whilst permissible, could cause problems e.g. for drivers who are colour blind.

A.3.2 Signs must be readable and understandable at all times, including during the hours of darkness or at dusk, if and when parking enforcement activity takes place at those times.

1. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area.

2.If the sign itself is not directly or indirectly lit, best practice is that it should be made of a retro-reflective material similar to that used on public roads and described in the Traffic Signs Manual. Dark-coloured areas do not need to be reflective.

Annex B: Consideration and grace periods

The purpose of this Annex is to distinguish between and set best practice and mandatory minima for the consideration and grace periods that parking operators are required to apply in circumstances where a parking charge might otherwise arise on controlled land where public parking is invited subject to the application of terms and conditions.

The significance of whether parking has taken place is that it means the driver has, by virtue of parking the vehicle, accepted the contractual terms attached to the controlled land in question.

There is a marked difference between:

a) the period appropriate for a driver entering controlled land where public parking is invited, potentially free of charge for a period, to decide whether or not to park subject to the applicable terms and conditions, since by parking or by paying on site at a pay-and-display location they will be deemed to have entered into a contract with the parking operator accepting those terms; and

b) a driver mistakenly or deliberately:

1) parking on controlled land where public parking is not welcome (e.g. residents’ only parking at apartment blocks);

2) stopping in areas within controlled land reserved for particular users or classes of user to park (e.g. staff parking, bays reserved for Blue Badge holders, or loading bays);

3) stopping on the carriageway of roads on land where stopping is not permitted (e.g. on roads within airports).

B.1 The minimum consideration and grace periods listed in Table B.1 must be applied by parking operators in respect of controlled land where public parking is invited, subject to the driver complying with such other conditions as may apply i.e. no consideration or grace period would apply to a non-blue-badge holder occupying a reserved blue-badge space more than momentarily.

B.2 Parking operators must obtain the consent of the accredited parking association to which they belong to the consideration periods they intend to apply to individual sites before issuing a notice of parking charge based upon them.

Table B.1 Controlled land open to the general public for parking

Type of Land	Scale of premises	Minimum Consideration Period (mins)	Grace Period (mins)	Entrance Sign to display
Open to the public
Free for a period of 30 minutes or more	< 500 spaces	5	10	Duration of free parking
Free for a period of 30 minutes or more	> 500 spaces1	10	10	Duration of free parking
Tariff for parking - pay up front for specified period (e.g. pay-and-display)	n/a	5	10	Parking tariff applies
Tariff for parking - pay on departure (e.g. before returning to vehicle or at exit barrier)	n/a	5	102	Parking tariff applies
Tariff for parking - booked in advance3 (e.g. on-line)	n/a	n/a	10	Parking tariff applies
Restricted
Tied to an event4	n/a	5	10	Specify permitted use
Tied to custom5	n/a	5	10	Specify permitted use
Short-stay	n/a	n/a	10	Specify permitted use
Permitted users6	n/a	n/a	10	Specify permitted use

¹In exceptional circumstances the design of the controlled land may be such that a shorter – less than 5 minutes – may be appropriate. In such cases the Conformity Assessment Body must give written approval to the period, record the rationale for that decision and notify the [scrutiny body].

²Needs to recognise how long it could reasonably take to travel from the payment machine to the vehicle and thereafter to the exit

³In the event that parking is pre-booked, e.g. on-line, there need be no consideration period where the terms and conditions of booking have been made available at the time the booking was made

⁴Dependent on the terms applied – the grace period is only relevant where the permission to park, whether free, subject to a tariff, or linked to the purchase of a ticket to an event, is time limited.

⁵Where the provision of parking on controlled land is tied to patronage of particular premises e.g. to a retail outlet, salon etc

⁶Permitted users include hotel guests with booked parking or people with hospital appointments where time-limited parking restrictions apply.

1. It is important to stress that the consideration period is the amount of time a driver has to decide whether or not to park, including the time needed to find an available parking space. Should the driver decide to do so within the consideration period, e.g. by purchasing a pay-and-display tariff ticket in less than 5 minutes, or if there is evidence that the driver has left the location e.g. by observation by an attendant, the consideration period is deemed to have expired, other than for pay-on-exit premises.

2. Some parking facilities are only opened to the public – generally ticket holders - when specific events are running e.g. music festivals or sports events where parking is on land not generally open to public parking. A consideration period could still be relevant to the driver understanding such terms and conditions as may apply where they had not been made available in advance e.g. when tickets to attend had been booked, or where pre-booking of tickets for the event was not obligatory.

Annex C: Permissible maximum parking charges and mandatory discounts

Standalone private car park or publicly accessible customer car park

Type of breach	England (outside London) and Wales	London	Scotland
Lower	£50	£80	£50
Higher	£70	£130	£60
Abusing a Blue Badge bay	£100	£130	£100

Residents’ permit-only car park

Type of breach	England (outside London) and Wales	London	Scotland
Parking when not a resident	£100	£130	£100

Land on which parking is not permitted

Type of breach	England (outside London) and Wales	London	Scotland
Parking	£100	£130	£100

‘No stopping’ zone e.g. on an airport road

Type of breach	England (outside London) and Wales	London	Scotland
Parking	£100	£130	£100

Contraventions

Local authority off-street contraventions from PCN Codes 6.7.7	Level
Parked in a loading place or bay during restricted hours without loading	Higher
Parked in an electric vehicles’ charging place during restricted hours without charging	Higher
Using a vehicle in a parking place in connection with the sale or offering or exposing for sale of goods when prohibited	Higher
Parked in a restricted area in a car park	Higher
Parked without a valid virtual permit or clearly displaying a valid physical permit where required	Higher*
Parked in a designated disabled person’s parking place without displaying a valid disabled person’s badge in the prescribed manner	Higher**
Vehicle parked exceeds maximum weight or height or length permitted	Higher
Parked in a car park or area not designated for that class of vehicle	Higher
Parked causing an obstruction	Higher
Parked in car park when closed	Lower
Parked in a pay & display car park without clearly displaying multiple valid pay and display tickets when required	Lower
Parked in a parking place for a purpose other than that designated	Lower
Parked with engine running where prohibited	Lower
Parked without payment of the parking charge	Lower
Parked for longer than permitted	Lower
Parked after the expiry of paid for time	Lower
Parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock	Lower
Not parked correctly within the markings of a bay or space	Lower
Re-parked in the same car park within the prescribed time period after leaving	Lower

*£100 if outside of London and in a resident or staff-only car park.

**£100 outside of London.

Local authority on-street contraventions from PCN Codes 6.7.7	Level
Stopped where prohibited (on a red route or clearway)	Higher**

Additional private contraventions	Level
Misuse of Specialist Bays (Doctors’ Bay, Emergency Vehicles, Parent and Child, Staff-Only bay in a mixed use car park etc.)	Higher
Parked in a customer only space if not a customer	Higher
Transferring a parking ticket	Higher
Failure to register vehicle if required	Higher
Parking on controlled land where parking is not permitted	Higher**
Overstaying the permitted period at a Motorway Service Area (MSA)	Higher

**£100 outside of London

Discount rate

The amount of the parking charge shall be discounted by 50% where payment is made within 14 days of the receipt of the parking charge.

Recovery of Tariff

If the tariff owed is higher than the discounted level of the parking charge, payment of the full tariff may be sought.

Annex D: Notice of parking charge – example of standard text

This is a notice of parking charge issued on land [which we are managing in accordance with the government’s Code of Practice for Private Parking. This is not a fine nor a penalty. It is payable by the driver of the vehicle in question, though if you are the keeper, not the driver on the day, you are invited to provide the driver’s name and address, or you may decide to pay the charge yourself, or use your right to appeal.

Payment of this charge may be pursued by us through legal means (including through court action) if the charge is unpaid.

You may appeal against this charge by writing to [insert address details] if you believe the charge should not apply – the more evidence you can supply to support your contention the faster we can arrive at a determination. Thereafter if you are not satisfied with the outcome you may make a further appeal to the [Appeals Service].

Free and independent advice is available from your local Citizens Advice Bureau or by calling the Citizens Advice Consumer Advice helpline on 0808 223 1133, or 0808 223 1144 to contact a Welsh-speaking adviser. There are also Textphone numbers if you need them.

Annex E: Terminology in parking operator/debt recovery agent communication

E.1 General

The terminology used in a notice of parking charge must be clear, concisely conveying to the reader what they are being asked to pay, why, how to pay, the consequences of not paying, and how to appeal against the charge, but must not misrepresent to the reader that the parking charge arises from the exercise of the statutory powers of the police or any other public authority. Therefore the notice of parking charge must not use terms which imply that parking is being managed, controlled and enforced under statutory authority, nor pressurise the reader such that they do not consider all their options or make a decision that they might not otherwise have made.

Where byelaws apply in respect of parking on controlled land the parking operator must make clear in all communication whether they are enforcing the byelaw, through the appropriate legal procedure for their enforcement, or pursuing a complementary contractual obligation.

E.2 Wording used in operator notices

Operators must not use the following terms:

• offence, offender, offending vehicle
• order for recovery
• Notice of Intended Prosecution
• illegal parking
• crime
• violation
• (anything impersonating a council PCN)
• “Fixed” charge or anything impersonating a “NIP” (Police wording);
• fine or penalty
• Bailiff
• Penalty Charge Notice

This is not an exhaustive list.

Operators must also not use terminology likely to be read as a Penalty Charge Notice (e.g. Notice to Owner, Charge Certificate, Order for Recovery) or a Notice of Intended Prosecution (e.g. fixed charge).

E.3 Wording used by debt recovery agents (DRAs)

The principle of engaging a DRA where the creditor and their customer are unable to achieve a satisfactory conclusion, especially when standard appeals/arbitration protocols have been exhausted, is established, but must be on the basis that the DRA’s role is to strive to come to an arrangement (debt resolution) not simply enforcement (debt recovery). While a minority of cases might still need to be settled at Court it is important that in making the customer (driver/keeper) aware of the implications of non-payment (including, should the Court find against them, the risk to their credit rating.

DRAs must not use terms which would mislead the average consumer or make them reach a decision that they might not otherwise have made – such terms include the list in E.2 and the following:

• summons
• justice
• prosecution
• excessive use of “County Court judgement” (CCJ)
• calling round
• earnings attachment or
• bankruptcy.

Nor should DRAs use terms that:

• imply that they are writing from a legal or litigation department or team
• imply that they have a formal role in adjudication
• refer to pre-action protocol at a point when they are not yet using it
• threaten an in-person visit
• misrepresent whether the timing for appeal has expired

This is not an exhaustive list.

E.4 Websites

Parking operators must ensure that their websites comply with the guidance and restrictions in accordance with E.1 to E.3 and meet the Web Content Accessibility Guidelines (WCAG).

Annex F: Exempt vehicle cases, no-stopping zones, and appeals

F.1 Exempt circumstances

Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:

a) ambulance, fire brigade, police, or coastguard vehicles where their access to the controlled land is necessary to the exercise of their operational duties, e.g. in response to an emergency call;

b) vehicles being used by a doctor or other health worker (e.g. midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a British Medical Association (BMA) badge or authorised Health Emergency badge;

c) a breakdown assistance or recovery vehicle in use for recovery of a vehicle on the premises that has broken down and cannot safely be driven out without repair;

d) a vehicle that has been driven onto controlled land due to an instruction to the driver by a member of the emergency services, or an invitation or instruction from the landholder(s) or parking operator;

e) a vehicle that has been driven onto controlled land due to an emergency which could not be avoided due to the exceptional nature of an incident outside of the control of the driver, e.g. illness or vehicle breakdown;

f) a hearse and/or other vehicle in use at the time as part of a funeral cortege; or

g) a vehicle paused on a private road network simply because the driver needs to check directions e.g. on an industrial estate where the driver has a legitimate need to access premises within that estate.

1. The use of the term ‘pursue’ recognises the fact that it may not always be possible for a parking operator’s system to pick up that these circumstances have arisen, and hence issue a notice of parking charge that should then be withdrawn on appeal. However, parking operators should make all reasonable steps to avoid issuing a notice of parking charge which then needs to be withdrawn e.g. by scrutinising images and weighing the balance of doubt.

2. It is good practice for parking operators to encourage landowners or occupants where parking is restricted (e.g. staff only, residents only) to make provision for the turnover of staff, residents and permitted visitors, including maintaining an exempt list of vehicle registration marks, and arrangements to cover acquisition and replacement of vehicles, and provide for notification of access granted to removals, delivery and trade vehicles, such that the issue of a notice of parking charge and subsequent appeal can be avoided. It is also good practice, where possible (e.g. at hospitals or GP surgeries), to mark dedicated drop-off and/or loading areas with adjacent signs stating the maximum time allowed.

F.2 “No-stopping” zones

The exemptions listed in F.1 also apply within “no stopping zones’” (i.e. private roads clearly marked with lines and clear, obvious and repeated traffic-facing “no stopping” signs and barriers to deter trespass).

Parking operators must not pursue parking charges in a no-stopping zone where the stop was:

a) to avoid an accident;

b) to allow a person to get or give help in respect of an accident or emergency;

c) to give way to an emergency vehicle;

d) at a closed gate or barrier e.g. at a level crossing;+

e) in recognition of the use of a zebra crossing by pedestrians; or

f) due to stationary or slow-queuing traffic preventing the vehicle from moving.

F.3 Appeals

In considering appeals parking operators must recognise the following as mitigating circumstances warranting cancellation of a parking charge, subject to evidence being provided:

a) where the driver has paid the tariff but made a keying error when registering their vehicle (for example, 0 instead of o; I instead of L; 1 instead of I; letters wrong or missing; characters swapped; motorist entered the wrong car registration (e.g. their previous car or another vehicle from their household);

b) 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;

c) where the vehicle has broken down;

d) 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 of parking charge;

e) 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 of parking charge i.e. that the holder was in the vehicle whether or not as the driver);

f) 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; and

g) where the parking operator has breached an obligation in this Code relating to the issue of a notice of parking charge, or such that the driver was unable to adhere to the relevant obligations.

Annex G: Sample landowner/operator notice

This example does not cover the management of land governed by byelaws, where specific provision would need to be made to cover their extent and the legal remedies available for their enforcement.

G.1 Purpose

Where a parking operator is to manage parking on privately owned land, it is important that the parking operator and the landowner are both clear about the approach the parking operator intends to take, the terms and conditions they will apply, the regulatory constraints within which they are working, and the respective responsibilities of the landowner and the operator in respect of the management of the land.

Hence, the purpose of this document is:

a) to confirm that the landowner has appointed the operator to manage the land;

b) to confirm that the landowner has been informed and has properly considered the issues relating to management of the land when appointing the operator including all terms and conditions (e.g. restrictions, parking tariffs and parking charges, and exemptions) to be applied by the operator to third parties in managing the land;

c) to confirm the identity of the landowner;

d) to confirm that the landowner has been provided with a copy of the Code and is aware of the obligations of all parties under the Code; and

e) to confirm that all provisions relating to the terms and conditions (including restrictions, parking tariffs and parking charges, and exemptions) to be applied by the operator to third parties in managing the land are complete and accurately and consistently cover the operator’s duties under the contract under which the operator is to manage the land.

This document is not intended to create any new legal relationship between the landowner and the operator outside the contract under which the operator is to manage the land.

This document may be disclosed on request (e.g. from those appealing against a notice of parking charge) and will form part of the checks undertaken by the conformity assessment body when accrediting the operator. [NB – Landowners may wish to reserve the right to approve release].

G.2 Definitions

“Land” means

Full Site Address:

Contact details:

Email: Telephone:

Site Map (clearly defining boundaries):

“Landowner” means

Name of landowner:

The landowner is deemed so if they are the legal occupier of the land.

“Operator” means

Name of operator:

Address:

Contact details:

Email: Telephone:

“The Accredited Parking Association” means [insert the operator’s APA].

“The Code” means The Code of Practice made by the Secretary of State for Housing, Communities and Local Government in accordance with the Parking (Code of Practice) Act 2019.

“The conditions of parking” means the parking restrictions set out for the land as indicated by the signs located throughout the car park.

G.2 Appointment of the operator

The landowner confirms they appoint the operator to manage the land in accordance with the conditions of parking.

The landowner attests that they have been provided with a copy of the Code and understand the most recent version can be viewed at Private Parking Code of Practice.

The landowner confirms they understand the operator is required to act in accordance with the Code when managing the land.

The landowner understands the operator is the creditor for all notices of parking charge issued and has discretion about how they are enforced, including proceeding cases through the County Court.

In consideration of the above, the landowner has directed the operator to manage the land.

The landowner confirms that they have considered with the operator:

• The needs of the users of the land.
• The hours/days on which the land may be occupied.
• The obligation of the operator to apply consideration and grace periods in accordance with the Code.
• Arrangements and exemptions for loading/unloading and deliveries.
• Any reputational issues that may arise for the landowner.
• The Equality Act 2010, including arrangements for drivers with disabilities and whether any concessions apply, including extended dwell times.
• The requirements of the Accredited Parking Association to which the operator belongs.
• The statutory obligations applying to the operator.
• The landowner’s expected involvement and responsibilities e.g. for building maintenance, lighting information signs, seeking planning consent for signs, and the size and spacing of parking bays.
• Site-specific appeals criteria to be applied by the operator.

[Insert operator name] is appointed to manage the land from [insert date contract begins].

Signed: ………………………………………………………

On behalf of landowner

Print name ………………………………………..

Relationship to the landowner …………………………………

Bibliography

Regulations and codes of practice

• The Protection of Freedoms Act 2012
• The Parking (Code of Practice) Act 2019
• The Civil Enforcement of Parking Contraventions (England) General Regulations 2007
• Chronically Sick and Disabled Persons Act 1970
• The Vehicle Excise and Registration Act 1994
• The Surveillance Camera Code of Practice
• The UK General Data Protection Regulation 2018 (GDPR)
• The Equality Act 2010
• The Services, Public functions and Associations: Statutory Code of Practice, issued by the Equality and Human Rights Commission (EHRC)
• The Consumer Rights Act 2015
• The Highways Act 1980
• The Society of Light and Lighting Code for Lighting published by the Chartered Institute of Building Services

Government publications

• Inclusive mobility: making transport accessible for passengers and pedestrians, published by the Department for Transport
• Traffic Signs Regulations and General Directions 2016: an overview, published by the Department for Transport
• Traffic Signs Manual, published by the Department for Transport

Standards publications

For dated references, only the edition cited applies. For undated references, the latest edition of the referenced document (including any amendments) applies.

• BS 8300-1, Design of an accessible and inclusive built environment – Part 1: External environment – Code of practice
• BS 8300-2, Design of an accessible and inclusive built environment – Part 2: Buildings – Code of practice

Further reading

• BS EN 12414, Vehicle parking control equipment – Requirements and test methods for a parking terminal
• BS ISO 28564-2:2016, Public information guidance systems – Part 2: Guidelines for the design and use of location signs and direction signs
• BS ISO 28564-3: 2019, Public information guidance systems – Part 3: Guidelines for the design and use of information index signs