Consumer rights expert Martyn James has explained what you need to know about changes that have been introduced for private parking firms
Without a doubt, parking tickets are one of the things that frustrate Mirror readers the most.
There’s clearly a huge amount of anger out there about private parking companies, how they handle complaints and the size of their charges for parking offences. Yet if you take a bit of time to appeal an unfair charge, there’s a good chance you might get your cash back if you know your rights. Here’s my guide.
Why are private parking tickets back in the news?
It’s not often business sectors are forced in to making sudden changes to their rules as a result of a public backlash. But that’s precisely what happened recently with private parking companies. A flurry of news stories hit the press last month about people who had ended up with thousands of pounds in charges after struggling to pay for their parking ticket within five minutes of entering a car park.
This arbitrary and unfair timescale was permitted under the industry’s own rules. But the story touched a nerve with the public and the private parking firms have now been forced in to changing their own code of practice. So in a win for consumer rights, you should no longer be charged any more for the time taken to buy a ticket when parking.
There are always catches though, aren’t there? The rules will only apply if the car park is monitored by a camera – and you’ll have to pay from the moment you arrived, not when you pay at the ticket machine.
What does the law say about private parking tickets?
First things first, there isn’t a law that sets down when parking firms can charge you for not following the rules. Nor are there regulations covering charges, setting timescales for paying and making it clear when you can appeal decisions.
The Private Parking Sector Code of Practice is actually a voluntary scheme written by the industry itself. The Government suggested a code of conduct in 2022 that was much tougher. But this was abandoned after threats of legal action.
Still, the code is considered to be good industry practice and does set some useful rules in place. But even so, you can still appeal a charge if you don’t think you’ve been treated fairly.
Who is in charge of the private parking industry?
There are two main trade bodies that private parking companies are members of:
You can find out more about their members, the rules around parking tickets and details on how to appeal a charge on their websites. Private parking firms must tell you which scheme they are members of.
What’s covered by the private parking code of practice?
The code of practice sneaked in to operation in October 2024. The code introduced some new rules to give us all a little bit more protection. But don’t get too excited. The new rules say that:
- There should be a 10 minute grace period when your ticket expires, just in case you are slightly delayed.
- Fines should not be applied for minor errors. This includes things like entering an incorrect number or letter on a machine or on the phone.
- All signs must be clear and must meet a standard set of rules. The signs must be easy to read for a driver passing them.
You should also be able to have your charge reduced to £20 if you successfully appeal within 14 days if:
- You were unable to buy a ticket as a result of being unwell.
- You had vehicle trouble that meant you couldn’t move.
- You were delayed for medical reasons or as a result of childcare issues.
- You made a significant error inputting details in to the machine, app or on the phone.
Now if you’ve been charged for a private parking offence, then you’ll be able to think of many more situations where the fine isn’t fair and you might want to appeal. And you should. Here’s how.
How to complain about a parking ticket
Speed is of the essence as many parking firms have time limits, after which your charges increase significantly. They may also argue you’ve missed your window of opportunity to appeal the charge. So don’t get mad, get even. The ticket will say if whether the private parking firm is a member of the British Parking Association or the International Parking Community. It will also set out your options for paying and appealing the charge.
Have a look at the private parking company’s website and make sure you understand how the process of appealing a charge works. If you are worried about increasing charges, tell the parking firm that you are going to formally appeal or make a complaint about the ticket and ask them to suspend any action or increase in fees while the matter is investigated.
if the business refuses, ask them to confirm this in writing. You can say that you’re paying them under duress – but make it clear you are paying the ticket to prevent further charges but you are going to make a formal complaint.
When can I complain about a parking ticket on private land?
There are loads of reasons why you can appeal a private parking ticket. The following list is by no means exhaustive. If you think you’ve been treated unfairly, you just need to explain why in your own words. The most common appeal reasons are:
- You didn’t know that you were on private land.
- The parking sign was damaged, hidden or hard to find or read.
- The parking rules on the sign were ambiguous or misleading.
- A parking inspector did not follow the rules.
- You have been ticketed due to a technical error, like broken payment machines, faulty cameras or problems accessing apps or websites.
- Mitigating circumstances.
- Unclear free periods.
- Problems with third parties, like getting validated receipts from supermarkets.
How does the process of appealing a fine work?
When you complain to a parking company about an unfair charge they should investigate and respond within 14 days. You will then have a period of 28 days during which you can appeal the fine. You may be offered a discounted rate for paying the charges during this process. But make it clear you are taking things further even if you pay at this point.
If your appeal doesn’t succeed, there are two alternative dispute resolution (ADR) schemes that you can go to. I often mention ADR schemes in this column. Think of them as free alternatives to the courts. You must go to the scheme that is linked to the private parking firm. It should tell you which ADR scheme to go to. For British Parking Association members it’s POPLA, and for International Parking Community members it’s the Independent Appeals Service
Don’t forget to ask for a code from the parking firm you may need to appeal. Even if this isn’t necessary, you’ll find the details you need to take things further on the response from the parking firm. Both ADR schemes have guides on their websites that explain how to appeal and the evidence you need to provide.
Even if you get turned down by an ADR scheme, you can technically take the private parking scheme to the small claims court. Check out our guide.
- Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist
