Parking fines: Which? calls for tougher rules to protect motorists

Which? is calling on the government to use the new Private Parking Code of Practice to raise standards and stop unfair fines.

The government’s proposed Code, covering rules around signage, debt recovery caps and appeals processes, will replace the industry’s self-set code of practice in a bid to create a fairer and more transparent system.

A proposed Code was first announced in February 2022. But it was withdrawn later that year, after the industry issued legal proceedings against the proposals to change maximum fines and ban additional fees.

Responding to the government's consultation on its new proposed Code, Which? is calling for several robust measures to be included to battle unfair fines and raise standards.

Read on to find out how the Code might change private parking and what you can do if you've been unfairly fined.

Curbing unfair parking fines

Whether it's unclear signage, inconsistent payment methods, faulty pay machines or apps that rely on you having sufficient phone signal, it often feels like you’re being set up to fail when using a private car park.

Even if you make an honest mistake, perhaps misreading a car park's confusing T&Cs or mistyping your vehicle registration number, your £3.50 charge for a two-hour stay at a car park can quickly snowball into a hefty fine and a headache – and that’s before those worrying debt recovery letters start arriving.

Under the new government Code, which will apply to all private parking firms, Which? is calling for a series of changes to curb unfair fines before they're issued.

We want to see signage rules standardised across all car parks (including a specified minimum size for text), as well as the banning of parking charges that are issued to motorists who make a full payment before leaving a car park run by Automatic Number Plate Recognition (ANPR) cameras.

In the event of mitigating circumstances (for example, a medical emergency or a vehicle breakdown), Which? believes your fine should be cancelled, not just reduced as is stipulated under the current system.

Which? also thinks it’s unfair that parking firms are allowed to claim debt recovery fees automatically and that these should be stopped – they can add an extra £70 to your fine.

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Improving appeals for parking fines

Though appealing an unfair parking fine is an option, it's easy to see why motorists don't always want to take the risk – particularly when you're offered a 40% reduced rate if you pay the charge within the first two weeks.

We often hear from motorists who feel they've been unfairly fined, but concede that it's easier to cough up the lower fee than risk losing the appeal and then having to pay the full £100. It's a system that is pitted against them.

If you decide to appeal the fine, it's far from straightforward. There are two different routes for challenging the charge, depending on the trade body of the car park, and contacting the private parking firm can be challenging.

Which? strongly supports the government’s proposal for an independent, single appeals service to replace the two existing second-stage appeals processes, making it simpler for drivers to challenge fines they believe have been wrongly issued.

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Three steps to appeal a PCN

If this is rejected, you can appeal to one of the two independent adjudicators. It will be POPLA if the operator is a member of the BPA, or the IAS if the operator is a member of the IPC. As appeals typically take more than 14 days to resolve, you won’t be able to pay the discounted rate, but you shouldn’t be asked to pay the charge while it’s being disputed.

If the adjudicator agrees with your appeal, the charge will be cancelled. If not, the operator can continue to ask you to pay the charge and could take you to court. If you go to court and lose, you’ll have to pay the fine and possibly court costs.

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source https://www.which.co.uk/news/article/parking-fines-which-calls-for-tougher-rules-to-protect-motorists-aQajg9R1y8Kr