Parking app appeal and challenge

Yesterday (24 November 2023) I was on Channel 5 News talking about parking tickets. It was on the back of the news report titled Gran fined £160 ticket because she didn’t have parking app – but refuses to pay.

The story concerns a 71-year-old retired nurse who could not pay for parking because the parking ticket machine was broken and she didn’t have the parking app on her mobile phone. The company gave her a Parking Charge Notice (PCN) for £60. The company claimed that she should have downloaded the app and now the charge has gone up to £160.

She has said she won’t pay but the PCN charge will keep increasing. She should appeal to either of the British Parking Association (BPA) or International Parking Community (IPC) trade associations. She could appeal on the grounds of this being discriminatory. However, whether she would win remains unknown.

Back in April 2023, Levelling-Up Secretary Michael Gove said that he wrote to all councils, saying at the time :

“Cash remains legal tender and it will continue to be used in our daily lives by people who favour its accessibility and ease.”

I am therefore concerned that local authorities should ensure that there are alternative provisions for parking payments available so that no part of society is digitally excluded.

This is important for many areas in preserving the accessibility of our high streets and town centres for all.”

He was adamant that it was inappropriate for parking to be made “solely available” to people with mobile phones.

“All local authorities have existing statutory duties to ensure that they do not discriminate against older people or those with vulnerabilities.”

However, there has been no follow up to this and it doesn’t appear that Gove wrote to private companies.

On 7 February 2022 the Government announced changes to the Parking (Code of Practice) Act 2019, the regulations covering private parking firms. By the end of 2023 private parking operators in England, Scotland and Wales were meant to have new measures in place. These were to include capping charges at £50, not being allowed to increase a charge for late payment and parking charge debt collectors would be banned from adding excessive fees to the parking charge, currently as much as £70.

But…!

In this article from The House of Lords library Private parking code of practice: Latest developments (8 September 2023), the author states that the Government

“temporarily” withdrew the code on 7 June 2022 pending a review of the levels of private parking charges and ban on additional fees provisions in the code. This announcement followed two legal challenges launched by parking firms against the government’s decision to introduce these changes.

The government launched a 10-week-long private parking code of practice call for evidence on 30 July 2023, alongside a draft impact assessment. The call for evidence closed on 8 October 2023. The government has said it will issue a further consultation on the options for parking charges and debt recovery fees once the call for evidence is complete.”

In the meantime see my articles How to challenge and appeal a private PCN and How to appeal a council parking ticket.

Further help with complaining effectively

See Top 20 Tips on how to complain effectively

If you need help with complaining effectively and making sure you are never fobbed off. GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS! Includes information and templates on challenging parking fines and parking charges and templates.

101 Habits of an Effective Complainer to help you become more skilled and assertive when making complaints.

Purchase downloadable templates to gain redress including parking template letters.

Let me know below any questions or stories you have about fighting and challenging a PCN.