The New Parking Code of Practice: What It Means for Drivers

The New Parking Code of Practice: What You Need to Know

The Parking (Code of Practice) Act 2019 paved the way for a single, government-backed Code of Practice for private parking in England, Scotland, and Wales. This replaces the separate codes previously operated by the BPA and IPC. Here is what it means for drivers.

Background

For years, private parking has been regulated by two separate trade bodies: the BPA (British Parking Association, now the British Parking Association Ltd) and the IPC (International Parking Community, now the International Parking Community Ltd). Each had its own Code of Practice with different rules.

The Parking (Code of Practice) Act 2019 gave the government the power to create a single Code administered by a new body. This aims to standardise enforcement, protect motorists, and create a level playing field for operators.

Key Changes Under the New Code

1. Maximum charge levels

The new code sets maximum parking charge levels. The government has proposed a cap that would significantly reduce the charges that operators can levy. This is one of the most consumer-friendly changes and directly addresses complaints about disproportionate charges.

2. Single appeals service

Instead of POPLA (for BPA members) and IAS (for IPC members), the new code will establish a single independent appeals service. This simplifies the process for motorists.

3. Standardised signage requirements

The code sets out clear, consistent signage standards that all operators must follow. This includes minimum text sizes, required information, and placement rules.

4. Mandatory grace periods

A 10-minute grace period will be standardised across all private parking, applied both at the start of parking (to read signs and pay) and at the end of the permitted period.

5. A debt recovery charter

The code includes rules on debt recovery practices, limiting aggressive collection tactics. Operators must follow a defined escalation process before instructing debt collectors.

6. A levy on operators

Operators will pay a levy to fund the new regulatory body and the appeals service. This is designed to be self-funding without cost to taxpayers.

What Has Not Changed

Keeper liability under POFA 2012 remains: The new code does not change the fundamental keeper liability provisions. Operators must still comply with POFA requirements for NtK service.

Private parking charges are still civil, not criminal: The new code does not change the legal nature of private parking charges. They remain contractual invoices, not criminal fines.

The Supreme Court ruling in ParkingEye v Beavis still applies: The new code operates alongside existing case law. However, the maximum charge caps may supersede some of the principles established in that case.

Timeline and Implementation

The new code has faced significant delays. Originally expected in 2022, the implementation has been pushed back multiple times. As of 2024, the code is still being finalised. Key points:

• The Parking (Code of Practice) Act received Royal Assent in March 2019
• A draft code was published for consultation
• Industry lobbying and COVID-related delays pushed back implementation
• The government remains committed to introducing the code
• Until the new code is in force, the existing BPA and IPC codes continue to apply

What This Means for Your Current Parking Charge

If you have a current parking charge:

1. The existing BPA or IPC Code of Practice still applies (depending on the operator's membership)
2. POFA 2012 requirements remain in full force
3. Your existing appeal rights (POPLA or IAS) are unchanged
4. The maximum charge caps under the new code are NOT yet in force

However, you can reference the new code's principles in your appeal as evidence of what the government considers fair and proportionate. While not yet binding, adjudicators may find the government's proposed standards persuasive.

Consumer Rights Under the New Code

When fully implemented, drivers can expect:

• Lower maximum charges (significantly below current levels at many operators)
• Clearer, more consistent signage across all private car parks
• A simpler, unified appeals process
• Better protection from aggressive debt collection
• Standardised grace periods and consideration periods
• Greater transparency about charges and enforcement practices