Drivers frustrated government-backed Private Parking Code of Practice still not in force five years after becoming law

Drivers are frustrated that the Private Parking Code of Practice is still not in force five years after an act of parliament was passed to clamp down on rogue operators.

Eight-in-10 drivers (84%) questioned by the RAC* say it’s not right that, due to legal challenges from private parking operators and debt recovery companies, the official code still hasn’t been introduced.

Asked if private parking firms treat those who contravene parking rules fairly, only 2% of respondents agreed. Similarly, just 3% agreed with the statement ‘private parking companies charge a fair price and operate reasonably’.

More than half (55%) of those surveyed felt private parking companies’ enforcement policies were too heavy-handed, with 40% saying there is no justification whatsoever for the way they enforce their rules. This is undoubtedly why almost eight-in-10 (78%) believe private parking companies are only interested in making money from drivers. A fifth (18%), however, felt private parking operators were necessary to stop a parking free-for-all.

When questioned about the costs of parking charge notices issued by operators, nearly two-thirds (65%) say they understand fines were necessary but that they are excessive or disproportionate to the parking contraventions.

While the Ministry for Housing, Communities and Local Government is working to finally introduce the government-backed Private Parking Code of Practice, the two major private parking trade bodies – the British Parking Association and the International Parking Community – launched their own code on 1 October.

Not backed by law, the private parking industry’s own code differs substantially from the proposed official government code. In its survey of 1,847 drivers, the RAC discovered that nine-in-10 (87%) don’t trust the private parking industry’s code to be fair to drivers.

When introduced, the official Private Parking Code of Practice should put a cap on parking charge notice ‘fine’ amounts, a cap on debt recovery fees and provide a single independent appeals service for drivers to use should they feel a private parking company has wrongly rejected an appeal.

It will also force operators to follow a code of conduct, with those that don’t potentially losing the right to operate. The rules firms will have to follow include a robust appeals process, a means of identifying vulnerable customers, issuing parking charge notices lawfully and not misleading drivers, providing photographic evidence of contraventions, not engaging debt recovery companies too soon, providing clear signage and terms and conditions that are easy to understand.

When asked about the visibility of private parking signage – that which explains the charges drivers must pay when parking on private land, along with terms and conditions – a quarter (27%) of those surveyed by the RAC said they didn’t see the signage indicating charges. Just over a third (35%) said they saw and read it while almost four-in-10 (38%) admitted they saw it but didn’t read it.

Among those who read the signs, nearly eight-in-10 (76%) had issues with seeing or understanding it, with only a fifth (20%) saying the terms and conditions were both clear to see and easy to understand.

RAC head of policy Simon Williams said: “It’s blatantly apparent from our research that drivers continue to have severe misgivings about the way private parking companies operate and are therefore very frustrated that the official government-backed code of practice has still not been introduced more than five years after it became law.

“While this lack of trust may be partly addressed by the launch of the industry’s own code of practice, we suspect it’s unlikely to be enough as it’s not worded to be in the interest of drivers and, crucially, isn’t backed by law.

“We feel only the introduction of the real, government-backed code will bring much-needed fairness to the entire private parking sector. We badly need an acceptable cap on parking charge notices, along with a cap on debt recovery fees as, in our opinion, both are disproportionate to most parking contraventions. Finally, a truly independent single appeals system is needed for those who feel their initial appeal to the company concerned has not been listened to.”