Unfair PCNs research

Parking tickets are the bane of every driver’s life. Many of us who drive have fallen victim to them at some time or other. Private parking tickets – known as Parking Charge Notices (PCNs) – aren’t actually tickets or fines, they are invoices. The parking company sends the driver an invoice requesting payment for what they regard as a breach of contract.

And some of the time they are fair. But at other times they are downright wrong.

According to Which? research, parking firms requested an eye-watering 2.7 million vehicle keeper records from the Driver and Vehicle Licensing Agency (DVLA) in order to issue fines between April and June 2022.

Although 78% of Which? thought a PCN they had received was unfair only 60% of those appealed it. Most doing so because they thought it better to pay the discounted rate than risk the appeal.

According to Which?, 38% of respondents who appealed had their charge overturned. Park in a hospital car park and this figure goes up. For example, through a Freedom of Information request, Which? uncovered that 71% of those who appealed their PCN at Barts Health NHS Trust were successful.

Proposed changes to Parking (Code of Practice) Act 2019 regulations

On 7 February 2022 the Government announced changes to the Parking (Code of Practice) Act 2019 regulations covering private parking firms. By the end of 2023 private parking operators in England, Scotland and Wales must have new measures in place.

The proposals included capping fines at £50 (remaining at £100 for those drivers who wrongly park in Blue Badge bays), allowing a compulsory 10-minute grace period at the end of a parking stay, 50% discount for paying fines within two weeks, higher signage standards and banning the use of aggressive language on parking correspondence. Most significantly, the proposals include the establishment of an independent appeals service to make contesting fines more straightforward.

Parking companies that failed to follow the code would no longer be permitted to access data from the DVLA, making it harder to enforce parking fines.

Parking Code of Practice changes put on hold

But in June 2022 the proposals were temporarily withdrawn because several private parking companies issued legal challenges against the government’s intention to change maximum fines and ban additional fees.

Parking Code of Practice consultation

On 30 July 2023 the government launched a 10-week private parking code of practice call for evidence with a draft impact assessment. The assessment refers to the negative impact on drivers and states that:

“… the current system of self-regulation does not appear to be working in addressing these issues, it is necessary to introduce a new Code of Practice to ensure that the system is fair for drivers and registered vehicle keepers. This is also considered justified on equity grounds where unfair outcomes impact certain (for example, more vulnerable) groups disproportionately.”

This consultation is scheduled to close 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.”

Number of PCN’s issued in the last year

According to analysis of DVLA data by PA news agency and the RAC Foundation, 11.1 million tickets were handed out in the 12 months to the end of March 2023, up from 8.6 million during 2019/2020.

Given that one ticket can cost up to £100, it means that the total annual cost to drivers and income for private parking companies could exceed £1.1 billion!

Respond and the future of the Parking Code of practice

I urge drivers to respond to the call for evidence with their stories, making it clear to the Government why the changes are urgently needed.

I’m not surprised that parking companies launched legal challenges. The fact that the parking firms don’t want changes to caps and debt recovery fees says it all. The statistics all point towards more PCNs being issued and bringing in more money. Sharp practices have meant that drivers who have made honest mistakes have received threatening letters and feel that they have to pay up. These proposals are long overdue and the Government must stand up to these bullies and ensure changes to the regulations are speedily put in place and enforced. A further consultation on parking charges and debt recovery fees when we already have the proposals is unnecessary and will further delay progress.

Help with challenging a PCN

How to challenge and appeal a private PCN