17TH FEBRUARY 2025

The private
parking sector
single Code of
Practice

Version 1.1
Management, control and enforcement of vehicles
on private land

International Parking Community

THE SINGLE CODE OF PRACTICE 17TH FEBRUARY 2025

Table of
Contents
Foreword 1

Scope
one 2

Terms and Definitions

two
4

Signs and surface markings

three
8

Accessible parking
four
12

Duration of parking period

five
14

Payment of a parking tariff

six
16

Camera images – e.g. ANPR

seven
18

Parking charge
eight
20

Escalation of costs
nine
23

Action to recover unpaid parking charges

ten
24

Complaints handling
eleven
24

Insurance
twelve 25

Professional standards
thirteen 26
 THE SINGLE CODE OF PRACTICE 17TH FEBRUARY 2025

Relationship with landowner

fourteen 27

Self-ticketing
fifteen
28

Incentive Schemes
sixteen
28

Recording and Reporting

seventeen
28

Monitoring Compliance with the Code

eighteen
30

Warranties and Disclaimers

nineteen
31

Entrance signs
Annex A
32

Consideration and grace periods

Annex B
34

Appeals and Liability

Annex C
37

Auditing
Annex D
39
Terminology in parking operator/debt resolution
agent communication
Annex E
41

Appeals Charter - Exempt vehicle cases, no-

stopping zones, and appeals
Annex F
43

Sample landowner/operator notice

Annex G 48

Sanction Scheme
Annex H
51
 Foreword
We are delighted to introduce version 1.1 of a The swift action taken by the Panel
private parking sector single Code of Practice shows its ability to act independently
(“The Code”) for parking on private land. from those managing parking on private
land and to take appropriate action to
This Code of Practice for the sector was jointly deliver fairness and consistent standards
created by the British Parking Association across the sector.
(BPA) and International Parking Community
(IPC) and is largely based on the Government’s The Code retains a period of transition,
Private Parking Code of Practice which was requiring ATA members to meet the new
initially published in February 2022 before standards in full by December 2026. All
being withdrawn in June 2022. signage, which gives the motoring public
clear instruction, must be compliant with
This Code was first published in 2024. In the Code for new sites and locations
January 2025 the BPA and IPC created the coming under the management of
operators from October 2024.
Private Parking Scrutiny and Advisory Panel
(the Panel). The Panel’s remit includes
oversight and review of The Code to uphold The BPA and IPC are committed to
standards in private parking management for continuing to work together to:
motorists and consumers. Consumer led
feedback identified an issue that the Panel • maintain, and update where
determined required an agile response and necessary, the Code
which is reflected in this updated version of the
• provide
• guidance on interpretation
Code.
of the Code

The Panel has created a new category of • maintain a consistent operator

Exempt Vehicle in Annex F.1. The category sanctions scheme
relates to vehicles parked on land managed by
fixed camera technology. This change puts in • create a more consistent second
place protection to ensure that where a stage appeals process
genuine user is unable to make prompt
We look forward to the continued
payment when entering a pay on entry car park
collaboration of the BPA and the IPC to
they do not receive a parking charge.
drive consistent and improved standards for
consumers and the parking sector alike.
The Code sets out straight-forward rules for all

Richard Walker
private parking companies across the sector to
follow helping to make certain that private

Will Hurley
parking companies continue to provide
professional services whilst maintaining
consistency to the motoring public.
Richard Walker, BPA President &
Will Hurley, Chief Executive Officer, IPC.
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Scope
01

Scope
This Code of Practice (“the Code”) specifies requirements for the operation and
management of private parking by companies engaged in managing activities on two
categories of controlled land:
• Open to the Public – this is land where there is an open invitation for any member of
the public to park their vehicle, subject to terms and conditions. This will include free
parking areas, where there is a limit on the length of time a vehicle may be parked
and areas where parking may be made for a fee. It should be noted that even on
such car parks there will be terms and conditions which must be complied with for
example, parking within a bay, correctly inputting the vehicle’s registration number,
making the correct payment (this list is not exhaustive). There are also likely to be
areas within the car park where parking is not permitted.
• Restricted areas – This is all other areas of controlled land. This includes no parking
areas, roads or areas where there is an invitation for certain people to park their
vehicle such as customers of a particular shop, residents or those displaying a
permit or Blue Badge (this list is not exhaustive).
The Code is applicable to all parking operators who are members of the British Parking
Association (BPA) and the International Parking Community (IPC). Members must comply
with the Code, which includes the requirement to cooperate with their DVLA Accredited
Trade Association (ATA) and comply with any requests made by them. It is applicable in
all areas of Great Britain and Northern Ireland.

Parking operators who comply with the Code will be entitled to request registered keeper
data from the DVLA, for the purpose of contacting the registered keeper of vehicles in
relation to the alleged incident. DVLA considers the release of data under Regulation 27 of
the Road Vehicles (Registration and Licensing) Regulation 2002. The Code does not
apply:

• where civil enforcement regulations or their equivalent apply on any public

roads or regulated car parks, or
• to non-members of the BPA and the IPC

Nothing in the Code overrules the provisions and enforcement of byelaws where they
apply. However, where there are byelaws and the parking operator is not prohibited from,
and chooses to manage the land under contract law, they are obliged to comply with the
Code.

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Where “NOTES” within the Code purport to impose a standard on an operator they are not
mandatory. They are an indication of best practice which should be aspired to by those
managing land. It is recognised, that for an operator, complying with the “NOTE” is not
always possible and there will be circumstances where compliance is unachievable and
sometimes unhelpful. Not complying with a “NOTE” is not a breach of the Code. Parking
operators and motorists are reminded of the spirit of the Code which is accountability and
compliance.

Some “NOTES” are merely informative to help with the interpretation of the Code.

The Code provides for a period of transition where operators will have time to ensure
compliance with the Code. The following table shows the key dates.

June 2024 The Code is published

All new sites must be compliant with the Code requirements relating
1st October 2024
to controlled land.

All aspects of the Code must be complied with except signage or

1st October 2024
other related clauses applicable to existing sites.

01 October 2024 All new self-ticketers must be registered with their ATA.

All reporting obligations in clause 17 must be complied with.

01 October 2024

All aspects of the Code must be complied with for all sites.
31 December 2026

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Terms and Definitions

02

Terms and Definitions

For the purpose of the Code, the following terms and conditions apply:
2.1. Accredited Trade Association (ATA)
the British Parking Association (BPA) and the International Parking Community (IPC).

2.2. Appeals Service

body appointed by the ATA to administer independent adjudication on appeals against
parking charges. For members of the BPA, it means Parking on Private Land Appeals
(POPLA) and for members of the IPC it means the Independent Appeals Service (IAS).
2.3. Not Used

2.4. Automatic Number Plate Recognition (ANPR)

technology that uses specialist cameras, software and image processing to capture
vehicle registration mark (VRM) images.

NOTE: ANPR is often used at the entry and exit points of parking premises to record the
time at which a vehicle enters and exits the controlled land.
2.5. Blue Badge
the scheme was introduced in 1971 under Section 21 of the Chronically Sick and Disabled
Persons Act 1970; it aims to help people with severe mobility problems caused by visible
and non-visible disabilities to access goods and services by allowing them to park close to
their destination. The Blue Badge (BB) is the badge provided under the scheme.

2.6. Camera Vehicle

a vehicle that has camera technology in order to capture evidence of contraventions.

2.7. Complaint
a grievance raised about the conduct or process of a parking operator, its services, its
employees or its appointed debt resolution agent, which might or might not relate to the
issuance of a specific parking charge, but requires consideration and a response beyond
the decision on whether to pursue or withdraw the notice.

2.8. Not Used

2.9. Consideration Period

the time the driver:
- is in the process of parking (or in a no stopping zone while driving), and

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- is allowed to read and understand the applicable terms and conditions and decide
whether to accept them and remain or reject them and leave.

2.10. Controlled Land

premises on which private companies manage the terms and conditions applying to the
parking of vehicles, directly or under contract with the landowner, including relevant land
(see 2.31).

2.11. Creditor
person, including a corporate entity, who is entitled to recover unpaid parking charges from
the driver, registered keeper or vehicle hirer.

2.12. Current Address (driver)

location (address) at which the driver for the time being resides or at which they can be
contacted.

2.13. Current Address (vehicle keeper)

location (address) at which documents relating to civil proceedings could properly be
served on the person concerned under Civil Procedure Rules or the keeper’s registered
address.

2.14. Driver(s)
person(s) controlling a vehicle - including, where more than one person is engaged in the
driving of the vehicle, any person so engaged.

2.15. Grace Period

a period of time in addition to a parking period where all terms and conditions have been
complied with, when no parking charge can be issued.

2.16. Keeper
the person by whom the vehicle is kept at the time the vehicle was parked, which in the
case of a registered vehicle is to be presumed, unless the contrary is proved, to be the
registered keeper.

2.17. Landowner
the owner(s) or legal occupier of controlled land or such company or person legally entitled
to act on their behalf.
2.18. Notice
document issued to a driver, keeper, hire company or hirer that details the parking
charge(s) deemed payable in respect of the parking of a vehicle on controlled land
including those issued under provisions of The Protection of Freedoms Act 2012.

NOTE 1: For a Notice to Keeper - the Protection of Freedoms Act 2012 definition in
Schedule 4, paragraphs 8 or 9 (depending upon whether a notice to driver was served
first, or not) specifies the basic form and content of the notice issued under the Act.

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NOTE 2: For a Notice to Hirer - the Protection of Freedoms Act 2012 definition in Schedule
4, paragraphs 13 & 14 specifies the basic form and content of a notice to hirer issued
under the Act, to be sent after the hirer’s name & address is provided by the keeper in
transferring liability before court action begins.

2.19. Parking/Parked
a. Parking
a vehicle entering and remaining on controlled land.

b. Parked
a vehicle being stationary other than in the course of driving.

NOTE: A vehicle may be deemed to be parked whether or not the driver has left the
vehicle and/or turned off the ignition or where the consideration period has expired.

2.20. Parking Attendant

a person employed by a parking operator to undertake duties on site on controlled land to
manage compliance with the terms and conditions applying to parking at that location.
2.21. Parking Bay
space defined by markings and/or materials that indicate where a vehicle is permitted to
be parked.
2.22. Parking Charge
(a) in the case of a relevant obligation arising under the terms of a relevant contract,
means a sum in the nature of a fee or charge, and
(b) in the case of a relevant obligation arising as a result of a trespass or other tort,
means a sum in the nature of damages, however the sum in question is described.
NOTE: A parking charge includes a parking tariff.

2.23. Parking Operator

a person, including a corporate body, who is for the time being entitled to recover unpaid
parking charges from the driver of the vehicle, the creditor, on controlled land.

2.24. Parking Period

the length of time that a vehicle remains on controlled land, which includes the
consideration period.

NOTE: A parking charge must not be enforced where the consideration period has not
expired.
2.25. Parking Tariff
(a) the schedule of parking fees and time periods to which they relate, applied where
parking on controlled land is permitted subject to the payment of defined sums, or
specific sum payable for parking where applicable; or

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(b) a sum payable as a fee applicable for parking on controlled land.

2.26. Photographic Evidence

images captured by ANPR, Closed Circuit Television (CCTV), infra-red cameras or other
systems including hand-held or body-worn devices or other camera systems capable of
securely processing and storing images.

2.27. Registered Address

address of vehicle keeper as it appears on the DVLA vehicle keeper register (or, if that
person has ceased to be, the registered keeper as it last appeared on the register).

NOTE: The details requested and released will be confined to those held for the vehicle at
the date of the parking event.
2.28. Registered Keeper
in relation to a registered vehicle, the registered keeper is the person in whose name the
vehicle is registered.
2.29. Registered Vehicle
the vehicle which is for the time being registered under the Vehicle Excise and
Registration Act 1994.
2.30. Relevant Contract
contract (including a contract arising only when the vehicle is parked on the controlled
land) between the driver and a person who is:
(a) the owner or occupier of the land; or
(b) authorised, under or by virtue of arrangements made by the owner or occupier of
the land, to enter into a contract with the driver requiring the payment of a parking
charge in respect of the parking of the vehicle on the land.

2.31. Relevant Land

any land (including land above or below ground level) other than:
(a) a highway maintainable at the public expense (within the meaning of section 329(1)
of the Highways Act 1980);
(b) a parking place which is provided or controlled by a traffic authority;
(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is
subject to statutory control.
NOTE: Relevant land may include land where parking is offered subject to terms and
conditions, land where parking is limited to certain categories of driver and/or vehicle, or
land where parking is discouraged.

2.32. Relevant Obligation

an obligation applying to a vehicle on controlled land.

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2.33. Self-ticketing
the process by which a person not employed by the parking operator (self-ticketer) issues
a parking charge or records the evidence to support the issue of a parking charge by the
parking operator.

2.34. Sign
an informative display notice comprising symbols and/or text that is displayed other than
on the surface of parking premises.

NOTE 1: For example, signs might be free-standing or affixed to the structure of the
premises.
NOTE 2: Signs might contain static information or display a rolling cycle of messages
(variable message signs).
2.35. Stopped
an instance of a vehicle being caused by the driver to be stationary whilst in the course of
driving.

NOTE 1: A vehicle may be deemed to have stopped whether or not the driver has turned
off the ignition.
NOTE 2: Stopping at a zebra crossing to allow a pedestrian to cross the road is stopping in
the course of driving. However, stopping at a zebra crossing to allow a passenger to enter
or exit a vehicle would not be stopping in the course of driving.
2.36. Surface Marking
the lines, symbols and/or text applied to the surface of controlled land or created through
the use of surfacing materials.
2.37. Vehicle
a mechanically propelled vehicle or vehicle designed or adapted for towing by a
mechanically propelled vehicle.

Signs and surface markings

03

Signs and surface markings

COMMENTARY ON CLAUSE 3
Signs and surface markings are used to provide information to drivers to indicate that they
are entering controlled land, to display such terms and conditions as apply to direct traffic
movements and to delineate parking bays. Signs and surface markings must be designed,
applied and maintained in such a way as to be visible, legible and unambiguous to drivers.
Operators should take note of relevant best practice guidance and legislation.

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3.1. Signs

3.1.1. An entrance sign must be displayed and maintained at the entrance to

controlled land to inform drivers as appropriate whether parking is permitted
subject to terms and conditions, including payment, or is prohibited, unless:

a) the nature of the premises makes this unnecessary such that drivers would
not reasonably assume parking was permissible; or
NOTE 1: For example, a small shop forecourt or a private driveway fronting a residential
property.

b) where not practicable e.g. where local planning restrictions prohibit such
signs.
NOTE 2: For example, for heritage reasons.

3.1.2. The entrance sign must display:

a) the fact that terms and conditions apply to accessing/parking on the site;
b) whether payment is required, or whether free parking is only available for a
limited period;
c) the name of the parking operator;
d) the logo of the ATA to which the parking operator belongs; and
e) where payment is required, whether on-site cash payment is available.
f) Private land
The entrance sign must not imply an invitation to park where public parking is
not permitted.

The size and positioning of the sign must take into account the expected speed
and direction of travel of vehicles approaching the entrance and must be visible
(i.e. not be obscured e.g. by foliage or other objects). The design of entrance
signs must comply with the requirements detailed at Annex A.

NOTE 1: Entrance signs should be designed to avoid clutter and display only the key
information drivers need to know before entering controlled land i.e. whether or not public
parking is invited and if so whether a parking tariff is payable; more detail can be provided
on signs within the controlled land. In some circumstances, key information may include
the maximum level of the parking charge that can be applied. Where parking is invited in
the hours of darkness entrance signs must be visible to approaching drivers and hence
may require lighting unless sited where there is sufficient ambient lighting in the vicinity.

NOTE 2: Where cameras are installed operators, are reminded of their obligations to
inform motorists that personal data is being obtained and/or retained.

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3.1.3. Signs within controlled land displaying the specific terms and conditions
applying must:
a) be placed within the controlled land, such that drivers have the chance to
read them at the time of parking or leaving their vehicle;
NOTE 1: In larger areas of controlled land or premises, interim repeater signs may be
used to display key information and direct drivers to where more comprehensive
information can be found.

b) be sufficiently large to be visible from a distance and legible on approach;

c) display information to identify the parking operator and their contact details:
d) display the logo of the ATA which is responsible for maintaining the
membership of the parking operator;
e) be professionally made (not handwritten) using a sans serif (i.e. highly
legible) font;
f) use a sentence-case font size appropriate for the location of the sign so as to
be clearly readable by a driver, having regard to the likely position of the
driver in relation to the sign;
g) use colours such that the contrast between the background and the text
makes the wording on the sign clearly legible;
h) display the parking tariff of sums payable, or indicate where the tariff is
displayed if separate, or the duration of permitted free parking as
appropriate;
i) be clear, unambiguous and not use the words “penalty” or “fine”, unless there
is a statutory requirement to do so;
j) display the parking charge that the parking operator may apply for breaches
of such terms and conditions as may apply in a large font;
k) where the parking operator is operating controlled land subject to byelaws,
indicate the requirements those byelaws impose in respect of parking and
the consequences that apply, where applicable; and
l) indicate clearly in shared-use land whether and where different terms and
conditions apply.
NOTE 2: Where land is governed by byelaws the management regime must not be
prohibited by those byelaws. It is important that parking operators do not confuse the
enforcement of byelaws with the contractual application of parking charges.

NOTE 3: In meeting obligations to display signs informing drivers of the use of camera
surveillance equipment and associated information about their data privacy rights under
the GDPR, operators should avoid overcomplicating signs with text that crowds out space
for display of the key terms and conditions for staying, e.g. payment of tariff and display of
permit.

NOTE 4: Where the terms and conditions require the driver to do something off site, such
as input their vehicle registration mark inside a pub or restaurant, the sign should make
clear how this is to be done.

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3.1.4. Signs informing drivers that a parking charge may be applicable and of the
level of that charge must do so in a font of comparable size and boldness to
the main body text on the sign, and where included on signs also displaying
the parking tariff a font no smaller than the tariff text/numbers.

3.1.5. It is not necessary for the parking tariff to be displayed in full on the same
sign as the terms and conditions, however, where they are displayed
separately, the terms and conditions must make clear that a tariff applies, and
the signs displaying the tariff must also make clear where information on
payment options can be found.

NOTE: Depending on the nature of the controlled land, it might be appropriate to display
the tariff, where applicable, and instructions for making payment and the payment options
available separately, e.g. the latter might be shown on or near on-site payment machines.
3.1.6. Signs must be designed and installed so as to be conspicuous and legible in
all lighting conditions during which the controlled land may legitimately be
accessed, at a height that takes account of whether the signs are intended to
be viewed from the vehicle (including by headlight in the hours of darkness) or
having left the vehicle by a driver on foot or in a wheelchair.

NOTE 1: For example, in car park premises open to the public in the hours of darkness,
lighting of the premises and/or the signs might be necessary depending on the location of
the signs in order to meet the test of prominence in the Consumer Rights Act 2015.
NOTE 2: If there is more than one sign, all should be consistent with regards to typeface
style, size and weight, colour and layout.
3.1.7. Signs must be designed and maintained to withstand and remain legible,
subject to normal exposure to conditions where they are located.
NOTE: For example, weathering, bleaching by sunlight, accumulation of dirt, or being
obscured by growth of foliage.

3.2. Signs and surface markings – adjoining parking premises

Where different terms and conditions apply to adjoining stretches of controlled land where
there is no physical segregation, signs and/or surface markings must be used by the
parking operator within the controlled land for which they are responsible to delineate
clearly between these premises and alert drivers to the terms and conditions applying.

NOTE: For example, there might be adjoining premises on business/industrial estates or

multi-occupant premises with parking provision specifically earmarked for specific
businesses and their clients. Parking operators should also have regard to confusion that
might arise where a site is adjacent to a public highway with signs that could be taken to
apply to the site.

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3.3. Surface markings – delineated parking bays

Where relevant obligations require drivers to park within delineated parking bays, surface
markings must be applied and maintained in such a manner as to be clearly visible to
drivers in all lighting and weather conditions as might apply.

NOTE: The delineation needs to be clear in any photographic evidence used to show that
a breach of terms and conditions has occurred. Depending on the surface material, it is
good practice to use surface markings to display symbols indicating restricted uses, for
example, parking bays reserved for parent and child parking, Blue Badge parking, parking
for motorcycles or for recharging electric vehicles. As well as considering the materials
used for surface marking operators should also consider the nature of lighting to be used –
good practice guidance is available including the Society of Light and Lighting Code for
Lighting published by the Chartered Institute of Building Services.
3.4. Material changes – notices
Where there is any material change to any pre-existing terms and conditions that would not
be immediately apparent to a driver entering controlled land that is or has been open for
public parking, the parking operator must place additional (temporary) notices at the site
entrance for a period of not less than 4 months from the date of the change making it clear
that new terms and conditions/charges apply, such that regular visitors who might be
familiar with the old terms do not inadvertently incur parking charges.

NOTE: Examples of material changes can include introduction of parking enforcement

where none has previously applied, introduction of time-limited free parking, or reductions
in the time limit within which free parking is available. Given the need to avoid confusion
and clutter at entrances the test is whether the fact that a change has been made is clearly
signalled to drivers on entering the land and the nature of the change is clearly displayed
thereafter – it may also be necessary to install repeater notices depending on the scale of
the premises.

Accessible parking
04

Accessible parking

COMMENTARY ON CLAUSE 4
Where parking is being provided as a service, parking operators need to have regard to
the obligations placed upon them by the Equality Act 2010 and the EHRC statutory code,
in particular to make reasonable adaptations to accommodate disabled people. Reference
should also be given to the car park accessibility section in Inclusive Mobility, guidance
published on GOV.UK by the Department for Transport on the creation and maintenance
of an accessible and inclusive built environment and public realm, an essential document
for those seeking to produce an inclusive environment and meet the requirements of the

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Act, including the public sector Equality Duty, and other legislation. Many parking
operators and landowners choose to recognise the Blue Badge scheme and provide
designated provision with specific bays which allow more space for opening vehicle doors,
getting in and out of the vehicle, accessing a wheelchair etc. This might be appropriate for
recognising the needs of people with limited physical mobility, but adaptations are not
purely physical - people with other disabilities might reasonably need longer consideration
period and grace periods, more time to access payment machinery, and other ways to pay
where payment is required. Recognition of these obligations is important in the
consideration of appeals.

4.1. The parking operator must ensure that at least one sign containing the terms and
conditions for parking can be viewed without the driver needing to leave the
vehicle, in order for drivers with a disability to be able to make an informed decision
on whether to park at the premises.
NOTE: More signs might be appropriate in larger premises.

4.2. Where the Blue Badge scheme is recognised and display of a Blue Badge is
sought, signs displaying the relevant obligations must make this clear, including
where the badge is to be displayed within the vehicle, such extra parking time as is
being made available, and what, if any, actions the driver needs to take to claim
this time. It is particularly important that parking operators make clear to drivers
where the rights available to Blue Badge holders on public roads do not apply e.g.
rights to stop on yellow lines, and in doing so must ensure there are separate,
prominent, readily visible (i.e. low-placed) signs (including repeater signs)
indicating clearly that within this land Blue Badge holders are not permitted to stop
or park on yellow lines.

NOTE: For example, telephone, text or email registrations might be required to inform the
parking operator that someone is exercising their Blue Badge eligibility.

4.3. Where designated bays are provided, the operator must take such steps as are
reasonably practicable to prevent them being used inappropriately by those
ineligible to use them, or from being blocked by others.
NOTE: This might require physical patrols or dedicated camera surveillance.

4.4. In designing accessible bays for Blue Badge holders parking operators must have
regard to their duties under the Equality Act 2010 and should make the landowner
aware of the best practice guidance that exists.

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Duration of parking period

05

Duration of parking period

COMMENTARY ON CLAUSE 5
As a matter of contract law, drivers need to be given an appropriate opportunity to
understand and decide whether to accept the terms and conditions that apply should they
choose to park a vehicle on controlled land. The amount of time needed varies according
to the nature and size of the premises, and in car parks open to the public includes the
time needed to find and access a vacant parking bay, or to leave the premises should the
driver decide not to park, hence the need for a consideration period before the contract
between the driver and the parking operator is made. It is also a requirement to allow a
grace period in addition to the parking period where parking is permitted, and all terms and
conditions have been complied with.

5.1. Consideration period

Where a parking operator assumes a vehicle is parked based on time alone they must
allow a consideration period of appropriate duration, subject to the requirements set out at
Annex B. The following factors should be taken into account:
a) the time required for a driver to identify and access a parking bay appropriate to their
needs;
NOTE 1: For example, a driver seeking a Blue Badge parking bay or a parent and child
parking bay, waiting for another vehicle to vacate a bay, returning to the vehicle to check
the VRM, queuing at a payment machine, etc.

b) the time required for a driver to identify and read signs that display the parking terms
and conditions, or the consequences of choosing to park where public parking is not
invited;
c) the time required for a driver to identify and comply with requirements for payment;
d) the time required for a driver to leave the controlled land if they decide not to accept the
terms and conditions;
e) the impact of the layout of the controlled land on 5.1a) to 5.1d);
f) the impact of the number of vehicles accessing the car park on 5.1a) to 5.1d); and
g) the impact of the volume of traffic within the controlled land on 5.1a) to 5.1d).

NOTE 2: The consideration period may end earlier than the times prescribed in Annex B
where there is evidence that the driver has, accepted the terms and conditions applying
(whether or not they have chosen to read them) which may for example be evidenced by
the driver parking the vehicle and leaving the premises, paying the applicable parking
tariff, or remaining on the controlled land for more than 5 minutes. See Annex B Table B.1

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5.2. Grace period

A grace period as set out at Annex B to this Code must be allowed by the parking operator
in addition to the parking period. A parking charge must not be issued during a Grace
Period.

NOTE 1: The grace period does not apply other than where the driver has parked in
compliance with the applicable terms and conditions – it does not apply in isolation so as
to allow free parking up to the sum of the consideration and grace periods.
NOTE 2: The grace period does not apply to short stay areas – controlled land where the
parking of a vehicle is permissible for a limited period not greater than 30 minutes, for
example at airport and railway station drop off and pick up zones.
NOTE 3: A grace period is relevant where there is a time limit on the permitted period of
parking for example 2 hours free parking or parking is paid for 1 hour etc. It is not relevant
when there is no limit on the period of parking.

5.3. Prohibition on stopping

The provisions of Schedule 4 of the Protection of Freedoms Act 2012 relate specifically to
the parking of vehicles on relevant land and the recovery of parking charges – they arose
from the need to respect landowners’ interests given the introduction of the prohibition on
wheelclamping, and so largely envisage circumstances where a wheel-clamp may
otherwise have been applied i.e. to a stationary, generally unoccupied, vehicle. However,
this Code also applies to instances where the prohibition on stopping arises from a clear
security concern e.g. within airports. Parking operators must only pursue parking charges
in instances that could be interpreted as stopping if they have explicit consent to do so on
evidenced security or safety grounds from their ATA, following audit of the adequacy of the
signs and surface markings in place to inform drivers of the terms and conditions in place.

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Payment of a parking tariff

06

Payment of a parking tariff

6.1. On-site payment
6.1.1. Where on-site payment is required, clear information must be displayed
within the controlled land on the payment method(s) available in accordance
with Clause 3.
6.1.2. Where payment machines are installed within the controlled land, the
following information must be displayed on, or near (i.e. adjacent to), the
payment machine:
a) instructions for making the payment of the tariff;
b) contact details of the organisation responsible for responding to:
1) queries about making payment;
2) queries about the use of on-site payment machinery; and
3) reports of malfunctioning pay machine equipment.
c) the consequences of a machine being unavailable, i.e. whether alternative
payment methods are available, the location of alternative machines and whether
inability to pay due to machine failure absolves the driver from making payment
or whether inability to pay means the driver is not permitted to park and is
required to leave within the appropriate consideration period;
d) the level of the parking charge in the largest font used to display the tariff;

NOTE 1: If the information cannot be displayed on the payment machine, it should be

displayed as close to it as is reasonably practicable.
NOTE 2: where possible contact details should include telephone number, email or
websites and should be available during the hours the controlled land is open to the public.

NOTE 3: large parking premises requiring the use of on-site payment machines may
provide multiple machines, e.g. on several floors of a multi-storey facility, and indicate on
each where the next nearest machine is located.
NOTE 4: where a parking tariff is payable the operator should provide at least one
alternative means of payment, e.g. cash or credit card, cash or pay-by-phone etc.

e) where ANPR or CCTV is used to manage parking, the information displayed

must include the name and contact details for the parking operator where
different from the contacts listed for the issues described in 6.1.2b); and
f) parking operators must ensure that payment machines accepting cash must
have signs on or nearby indicating:
1) Whether change will be given; and, if so
2) Contact details in the event of the correct change not being delivered.

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6.2. Pay-and-display
Where relevant obligations require the parking tariff receipt to be displayed in the parked
vehicle, in addition to the information given in 6.1.2, the parking operator must ensure the
information provided includes clear instructions on where the receipt is to be displayed. A
thorough check through the windscreen and side windows of a parked vehicle must be
conducted before a parking charge is issued by a parking attendant for non-display of a
receipt. Evidence should be obtained and retained to support this. Evidence should be
time-stamped.
In the case of motorcycles and other vehicles, where display on a window or dashboard is
not practicable, images must be taken of all locations where a receipt might be displayed.
A copy of all the images must be retained by the parking operator along with a record of
how they have guaranteed the accuracy of the time stamp.
The evidence which is captured should be provided to the motorist either on notices or
made available in some way for example on a secure website. Where evidence is
requested, it should be provided to the motorist.

NOTE 1: operators should require that the parking tariff receipt be displayed on the
dashboard of the vehicle, such that it should be clearly visible for inspection through the
vehicle’s windscreen, and for receipts issued on site to be made from appropriate
materials so as not to be easily dislodged, e.g. by the closing of the vehicle doors (some
systems require the driver to print the receipt e.g. when making payment online). In
instructing drivers on where a receipt should be displayed it is advisable to suggest that
the driver checks that the receipt is visible as required after closing all doors and securing
the vehicle, and that they retain the receipt as proof of payment.
NOTE 2: a “payment failed” slip should be designed so that it is not liable to be
mistaken for a parking tariff receipt.
6.3. Keying errors
Where the terms and conditions require the driver to supply their vehicle registration mark
at an on-site machine, by telephone or online, the parking operator must have and follow a
documented policy and procedure to avoid issuing or enforcing a parking charge in respect
of accidental keying errors. This should include the adoption of technologies that reduce
keying errors.

NOTE 1: Some common keying errors can be accommodated within the registration
system, for example confusing the letter “o” with the numeric symbol “0”; More information
is found in Annex F.

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Camera images
07

Camera images – e.g. ANPR

General
Parking operators may use camera technology to remotely manage parking on controlled
land as long as they do so overtly, and in a reasonable, consistent and transparent
manner. In particular parking operators must make sure the data they are collecting is
accurate, securely held and cannot be tampered with.

7.1. Use of photographic evidence technology

Parking operators must ensure that the equipment and systems used to capture
photographic evidence in respect of controlled land are fit for purpose, maintained to a
good standard in accordance with the manufacturers’ operating requirements and those of
the ATA to which the operator belongs, and are synchronised so that they record
accurately photographic evidence of whether a parking charge is due.
NOTE: Information about the design, security and maintenance of equipment and systems
should be recorded and maintained for inspection by authorised bodies.

7.2. Camera vehicles

Camera vehicles used to monitor, and enforce compliance with relevant obligations must
be clearly identifiable as such and must clearly and prominently display the name of the
parking operator. Camera vehicles must also bear the logo and may bear the livery of the
parking operator. They must not be used for covert surveillance or carry misleading
branding e.g. ‘Road Safety Unit’ or ’Security’.
NOTE: Care must be taken to ensure that photographic evidence from camera vehicles is
not used to issue a parking charge where a consideration period has not ended.

7.3. Use of photographic evidence

Photographic evidence must not be used by a parking operator as the basis for issuing a
parking charge unless:

a) at least one of the images captured includes a clear record of the vehicle’s VRM to
which the parking charge is deemed to apply;
b) the images bear an accurate time and date stamp;
c) the image(s) show, where appropriate, the pay and display tariff receipt as displayed
or not being visible; and
d) images generated by ANPR or CCTV have been subject to a manual quality control
check, including the accuracy of the timestamp and the risk of keying errors.

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NOTE 1: The manual quality control check for remote ANPR and CCTV systems is
particularly important for detecting issues such as “double dipping”, where image camera
systems might have failed to accurately record each instance when a vehicle enters and
leaves controlled land, and for checking images that might have been taken other than by
a trained parking attendant (see Clause 15). The manual check might also reveal where
“tailgating” – vehicles passing a camera close together – is a problem, suggesting
relocation of the camera might be necessary.
NOTE 2: Where parking operators are accepting as evidence for issue of a parking charge
images forwarded, copied, uploaded by or stored on an individual’s personal mobile phone
or other personal device then, as data controller, the operator must ensure that such
images are only kept by the individual capturing the images for the minimal time taken to
upload them via an app, webpage or similar secure portal or address supplied by the
parking operator, must be satisfied that the image is a true and fair representation e.g.
including the accuracy of time stamp, and relates only to the controlled land subject to the
relevant conditions.

7.4. Alteration of photographic evidence

Parking operators must not digitally or by other means alter images used as photographic
evidence other than:
a) to blur faces or the VRMs of other vehicles in the image in accordance with their GDPR
obligations; or
b) to enhance the image of the VRM for clarity, but not to alter the letters and numbers
displayed.

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Parking charge
08

Parking charge
COMMENTARY ON CLAUSE 8
Paragraphs 6-9 of Schedule 4 of the Protection of Freedoms Act 2012 specify the
information to be included when pursuing parking charges with the intention of transferring
liability to the keeper. It is important that the individual who is suspected of contravening
relevant obligations is informed as soon as possible that a parking charge is due and of
how they should pay or appeal.

8.1. Design and language

8.1.1. The parking operator must not serve a notice or include material on its
website which in its design and/or language:
a) implies or would cause the recipient to infer statutory authority where none
exists;
b) deliberately resembles a public authority civil enforcement penalty charge
notice;
c) uses prohibited terminology as set out in Annex E; or
d) state the keeper is liable under the Protection of Freedoms Act 2012 where
they cannot be held liable.

8.1.2. The parking operator must ensure that a notice informs the recipient:
a) of the contact details of the parking operator (e.g. telephone number, email
address, website) and of those to which appeals should be made (where
different);
b) the parking charge was incurred on private land;
c) of the process by which the recipient may appeal against the parking
charge;
d) that in the event of the recipient appealing the parking charge and that
appeal being rejected, they have a further right of appeal to the Appeals
Service but that the discounted rate no longer applies should they appeal to
an Appeals service;
e) that if the recipient appeals within 28 days of receiving the parking charge,
the right to pay at the rate applicable when the appeal was made must
stand for a further 14 days from the date (subject to 8.1.2d) they receive
notification that their appeal has been rejected;

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NOTE 1: Where the 14 days to pay was at the reduced rate a further 14 days should be
offered to make payment at the full rate.
NOTE 2: A notice sent by post is to be presumed, unless the contrary is proved, to have
been delivered on the second working day after the day on which it is posted; and for this
purpose, “working day” means any day other than a Saturday, Sunday or a public holiday
in England and Wales. Therefore, parking operators must retain a record of the date of
posting of a notice, not simply of that notice having been generated (e.g. the date that any
third-party Mail Consolidator actually put it in the postal system.)
f) of the operator’s complaints procedure in accordance with Clause 11; and
g) if payment is made, they cannot appeal.

NOTE: Details of organisations that offer free debt counselling and/or legal advice services
may be provided in correspondence to drivers, keepers or hirers, though the parking
operator is under no obligation to endorse or recommend any particular service.

8.1.3. The parking operator must ensure that the notice does not invite or require
the recipient to provide a stamped addressed envelope as a prerequisite for
their appeal.
NOTE: Whilst the provisions of Schedule 4 of the Protection of Freedoms Act 2012 allow
parking operators to issue a parking charge to a vehicle keeper or vehicle-hire firm,
operators must not when issuing a parking charge presume that the keeper of a vehicle
was the driver at the time without offering them the opportunity to identify the driver. Where
the keeper fails or refuses to identify the driver it may be used as evidence they were the
driver unless the keeper is able to evidence they were not.
8.2. Parking charge levels
8.2.1. Parking charges must not exceed £100.
8.2.2. A reduction of a minimum of 40% must be offered where payment is made
within 14 days of the issue of the Notice to Driver where a notice is issued at
the time of the parking event, or of the issue of the Notice to Keeper and/or
Notice to Hirer where the first notice is sent through the post.
8.2.3. Where the parking tariff exceeds the discounted amount of the charge for
breaching the terms of parking, the full payment of the tariff may be pursued
and up to an additional £60 may be added to the unpaid tariff. Where a parking
charge is issued in accordance with this clause 8.2.2 is not applicable.

8.3. Parking operators must ensure that they only issue Parking Charges in accordance
with their advertised terms on any site. Such terms shall not entitle any operator to
issue more than one parking charge in the same calendar day for the same parking
event.

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NOTE: In the event of a new calendar day, the operator must not issue a
further Parking Charge for the same parking event within a 12-hour period from
when the previous Parking Charge was issued. Where a vehicle is moved at
any point, this constitutes a new parking event.
8.4. Process for appealing a parking charge

8.4.1. Parking operators must provide a process for motorists to appeal against a
Parking Charge (including unpaid parking tariff) in accordance with Annex C,
which:
a) allows that the parking charge may be appealed within 28 days;
b) requires the parking operator to respond to appeals within 28 days or, where
a decision on the appeal is not concluded within 28 days, requires the parking
operator to acknowledge the appeal and confirm the timeframe for concluding
it, including the supply of additional information;
c) requires the parking operator to consider appeals received outside of the
normal 28-day period allowed for lodging an appeal where the appellant
provides evidence of exceptional circumstances for the appeal not being lodged
within the normal timeframes.

NOTE: “Exceptional circumstances” may include the recipient being away or abroad when
the notice was delivered, hospitalised as an in-patient or delivered to the wrong address
through no fault of the motorist.

Exceptional circumstances may include where the registered keeper can evidence that
they were not the driver and evidence they were not aware that a parking charge had been
issued. This includes the recipient being away or abroad, hospitalised as an inpatient, or
delivered to the wrong address through no fault of the motorist.

Where the Registered Keeper has changed their address and has failed to inform the
DVLA in accordance with Part IV (regulation 18) of the Road Vehicles Registration and
Licensing Regulations 2002, this shall not be classed as exceptional on its own.
However, organisations must consider the circumstances surrounding the failure to notify
the DVLA. For example,
- Was the failure made shortly after a house move, which has now been corrected,
- Was the failure by a company who sold the vehicle, which has now been corrected
The principal aim is to ensure that those who wilfully neglect or intentionally refuse to
update records with the DVLA are not given additional opportunities to appeal while
ensuring those who have not updated records immediately, or errors have occurred
through no fault of their own are not prevented from having an opportunity to appeal.
8.4.2. Where a parking operator accepts payment of a parking charge, they do not
need to offer the ability to appeal providing this is clear in the notice.

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8.4.3. Parking operators must provide a process for rental and leasing companies
to transfer liability.
8.4.4. In considering appeals, parking operators must consider mitigating
circumstances in accordance with Annex F.
8.4.5. When an appeal is accepted the parking operator must cancel the parking
charge.
8.4.6. Where the parking operator rejects an appeal against a parking charge, they
must present the person appealing with the option to:
a) pay the parking charge; or
b) appeal the decision to the relevant Appeals Service.

NOTE: Parking operators need to provide clear information to the motorist informing them
how to access an independent appeal, the timeframe for paying and/or appealing and the
consequences of appealing.

8.4.7. Where the driver, keeper or hirer lodges an appeal with the relevant Appeals
Service, enforcement proceedings and/or debt resolution must either not
commence or, where commenced, must be suspended until the Appeals
Service determines the appeal.

NOTE: The parking operator is only required to deal with an appeal from the subject of the
parking charge or their appropriately authorised representative, who may be required to
show proof of their authorisation to the operator.

8.4.8. Parking operators must accept determinations made by the relevant Appeals
Service.
8.4.9. Parking operators must allow 28 days for payment following a decision from
the Appeals Service in their favour.
8.4.10. Parking operators must record information in accordance with clause 17.

Escalation of costs
09

Escalation of costs
Where a Parking Charge becomes overdue a sum of up to £70 may be added.
NOTE: This does not prohibit costs being awarded by the court or additional fees being
added through the court and enforcement process, where there are statutory escalation
processes.

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Action to recover unpaid

parking charges
10
Action to recover unpaid parking charges

10.1. If a driver, keeper or hire company does not respond to a notice or

subsequent correspondence, or a parking charge has not been paid in full,
reasonable endeavours - including contacting credit reference agencies to
undertake a ‘soft credit check’ - must be undertaken by the parking operator and/or
its appointed debt resolution agent to establish the correct correspondence details
of the driver, keeper or hire company before commencing enforcement action.

NOTE: Enforcement action is any action undertaken to pursue an overdue parking charge.
A parking charge becomes overdue after the expiry of the 28 days where payment is
required or, once the appeals process has been completed and the time to pay at the full
rate has passed.

10.2. Where a new address is discovered and the motorist provides evidence that
they did not know of the parking charge through no fault of their own, the motorist
should be offered the ability to appeal and/or pay at the original rate.
10.3. Debt resolution agencies that are involved in the collection of debt related to
parking charges must be full members of an ATA.
NOTE: Debt resolution agencies include all organisations involved in resolving overdue
parking charges pre, during or post court judgment. They must be either a BPA Approved
Operator Service Provider or an IPC Accredited Service Provider.

10.4. Parking operators must ensure that a statement indicating that free debt
advice and/or legal advice services are available is included in all pre-action or
debt-recovery stage communications with drivers, keepers and hirers concerning
parking tariffs or parking charges.

Complaints handling
11

Complaints handling
11.1. The parking operator must have and follow a documented policy and
procedure to receive, evaluate, make and record its decisions on complaints in a
non-discriminatory manner, in accordance with the requirements of the ATA
(including escalation where the complainant is dissatisfied) to which it belongs,
published on its website, including the action a complainant can take where
dissatisfied with the operator’s determination of their complaint. Where complaints

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will only be considered if received in writing (hard copy or by e-mail), the parking
operator must ensure that the address to which complaints are to be sent is readily
available e.g. on the operator’s website and notices.
11.2. Where a parking operator receives a complaint that it considers to be or
include an appeal against the validity of a parking charge, the parking operator
must also treat it as an appeal for the purposes of applying the timescales in
Clause 8.4, and should inform the complainant as such unless and until it is clear
that the complaint is not relevant to an appeal or the complainant informs the
parking operator that they do not wish it to be so handled.

NOTE: It might not be immediately apparent that a complaint served as such relates to one
or more specific parking charges, possibly by way of a clarification that reveals that an
appeal would be worthwhile, hence parking operators are advised to record and handle
complaints as appeals until they are found conclusively not to be so or patently refer to
matters not relevant to the validity of a parking charge.

11.3. A complaint must be acknowledged by the parking operator within 14 days of

its receipt unless exceptional circumstances apply, in which case the complainant
must be kept informed by the operator.
NOTE: For a small operator there might from time to time be limited administrative
capacity to handle communications, e.g. due to staff sickness.

11.4. A full response to a complaint must be provided by the parking operator

within 28 days of its receipt unless exceptional circumstances apply, in which case
the complainant must be kept informed by the operator.
11.5. Private parking operators must record information in accordance with clause
17.
NOTE: It is best practice for parking operators routinely to review complaints for evidence
of patterns or repeated concerns which might require a review of procedures, refreshing,
rephrasing and clarification of guidance or retraining of staff.

Insurance
12

Insurance
The parking operator must obtain and maintain public liability and employers’ liability
insurance at the levels required by the ATA of which the parking operator is a member.

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Professional standards
13

Professional standards
COMMENTARY ON CLAUSE 13
It is the responsibility of the parking operator to ensure that staff, agents and sub-
contractors used are competent to carry out the tasks they are employed to do and to
ensure they act in compliance with the Code.

13.1. Training

13.1.1. Parking operators must ensure those performing the following roles
are given the appropriate training:
a) parking attendant
b) self-ticketer
c) compliance officer
d) complaints handler
e) appeals handler
f) customer service
g) data protection officer
h) camera contravention processing operative
13.1.2. All front-line customer-facing staff must undergo disability awareness
training, which must be refreshed every two years.
13.2. Private parking operators must record training information in accordance with
clause 17.

13.3. Identification for parking attendants

13.3.1. Parking attendants must be provided with an ID which includes:

a) the company name;
b) the parking attendant’s identification number; and
c) a photograph of the parking attendant.
13.3.2. Parking attendants must carry their identification card during working
hours and display it on request by a driver.
NOTE: It is good practice for parking operators to require staff working as parking
attendants to wear clothing that clearly identifies them as such, including identification of
the parking operator for whom they are acting.

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Relationship with landowner

14

Relationship with landowner

14.1. Where controlled land is being managed on behalf of a landowner(s), before
a parking charge can be issued written confirmation must be obtained by the
parking operator from the landowner(s) covering:
a) the identity of the landowner(s)
b) a boundary map of the land to be managed;
c) such byelaws as may apply to the land relating to the management of parking;
d) the permission granted to the parking operator by the landowner(s) and the
duration of that permission
e) the parking terms and conditions that are to be applied by the parking operator,
including as appropriate the duration of free parking permitted, parking tariffs, and
specific permissions and exemptions, e.g. for staff, residents or those stopping for
short periods such as taxi and minicab drivers, delivery drivers and couriers;
f) the means by which parking charges will be issued;
NOTE 1: For example, to the windscreen or through the post.

g) responsibility for obtaining relevant consents e.g. planning or advertising

consents relating to signs h) the obligations under which the parking operator is
working, in compliance with this Code and as a member of an ATA;
i) notification of the documentation that the parking operator may be required to
supply on request to authorised bodies detailing the relationship with the
landowner; and
j) the parking operator’s approach to the handling of appeals against parking
charges.

NOTE 2: Where byelaws have been made, which prohibit the issuance of a parking
charge, unless specific legal provision has been made to suspend them, they take
precedence and therefore careful consideration must be given to ensuring that the parking
management arrangements are consistent with them.
NOTE 3: Particular care is needed to establish appropriate contractual terms, including the
application of parking terms and conditions, in respect of controlled land where
leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a
requirement on the resident of an apartment block to display a permit to park in
contravention of their rights under their lease, or to ensure that free parking periods do not
breach planning consents.

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Self-ticketing
15

Self-ticketing
15.1. Where evidence is gathered by a third-party parking charges must only be
issued where:

15.1.1. the third party has:

a) registered with the parking operator and the ATA
b) read, understood and accepted the practice they should follow in accordance with
the Code.
15.1.2. the parking operator has conducted an audit inspection of the land in
question, to check conformity with the Code, in particular that signs have been
installed and maintained in accordance with Clause 3.
15.1.3. the evidence shows a breach of the terms and conditions.
15.1.4. where issued through the post the parking operator has undertaken a
quality assurance check of the image(s).

Incentive Schemes
16

Incentive Schemes
16.1. Parking operators may implement incentive scheme(s) to motivate staff or
third parties and improve their productivity and quality of their work. Schemes that
incentivise the issue of a greater number of parking charges alone (as opposed to
the accuracy and efficiency with which they are issued) are not permitted.

Recording and Reporting

17

Recording and Reporting

17.1. Where records are required to be kept in accordance with this code they
shall be kept for 36 months unless there is a legal obligation to the contrary.
17.2. Parking Charges
17.2.1. All parking charges which are issued including:
a) Unique identifier (Parking Charge Number)

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b) Date of contravention
c) Time of contravention
d) Date of issue of first notice
e) Location including outward postcode
f) Reason for issue (contravention)
g) Status
Paid at the appeals charter reduced rate, paid at the reduced
rate, paid full rate, cancelled, unpaid, paid at escalation stage.
17.3. Internal Appeals and Independent Appeals
17.3.1. Unique identifier for parking charge (i.e. Parking Charge Number)
17.3.2. Date of appeal
17.3.3. Date appeal concluded
17.3.4. Outcome of appeal i.e. accepted, rejected, reduced in line with appeals
charter, goodwill gesture, withdrawn
17.3.5. Where an appeal has been accepted:
a) any remedial action that may be required and has been taken by the
parking operator to avoid a repeat of the circumstances leading to the
issue of the parking charge
b) Reason for acceptance i.e. based on mitigation, incorrectly issued,
landowner request, exempt vehicle, in accordance with appeals charter,
goodwill gesture, other
17.3.6. Location including outward postcode

17.4. Complaints
17.4.1. When a complaint is received, the parking operator must record:
17.4.2. The date of complaint
17.4.3. A copy of the complaint
17.4.4. A copy of all correspondence
17.4.5. The outcome;
17.4.6. The details of any corrective action that may be required and
undertaken to ensure the situation does not recur (where the complaint has
merit), including such advice as may have been given to the complainant
17.5. Training Record
17.5.1. Training for individuals performing the following functions must be
recorded:
a) Parking attendant
b) Self-ticketer
c) Compliance officer
d) Complaints handler
e) Appeals handler
f) Customer service
g) Data protection officer
h) Camera contravention processing operative
17.5.2. Training records must include:
a) Date of training
b) Content of training

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Monitoring Compliance with

the Code
18

Monitoring Compliance with the Code

18.1. Compliance with the Code will be monitored by the ATAs by:
18.1.1. Auditing of operators,
18.1.2. Complaint investigations,
18.1.3. Proactive investigations where potential non-compliance is identified,
18.1.4. Self-reporting of non-compliance by operators, and
18.1.5. Registration of all locations where parking charges are issued.
18.2. Additional information on monitoring of compliance can be found in Annex D.
18.3. All operators must have a designated Compliance Officer who is responsible
for ensuring compliance with the Code. This person must be registered with their
ATA and provide information upon request.
18.3.1. Operators must have an internal process for reporting breaches of the
Code to the Compliance Officer.
18.3.2. All operators must report all Material Breaches of the Code to their
ATA within 3 working days of becoming aware of the breach.
18.3.3. A Material Breach means a breach (including an anticipatory breach)
which is not minimal or trivial in its consequences. In deciding whether any
breach is material no regard shall be had to whether it occurs by some
accident, mishap, mistake or misunderstanding.
18.3.4. Where the Compliance Officer decides not to report a breach because
they decide it is not a Material Breach, they must document the reason for the
decision.
18.4. Operators must comply with any request from their ATA.
18.5. Operators will be audited by their ATA at least once a year.
18.6. ATAs will only consider complaints where:
18.6.1. the motorist has previously complained to the operator, and
18.6.2. the operator has concluded its investigation of the complaint and
responded to the complainant, or
18.6.3. the operator is not investigating the complaint.
18.7. ATAs will record complaints received about their members

18.8. ATAs may proactively investigate situations where non-compliance may be

identified.
18.9. ATAs must record events of non-conformance.
18.10. When a non-conformance is identified, the ATA must determine whether it meets
the thresholds of the Sanction Scheme at Annex H.
18.11. The ATAs will inform the DVLA and the other ATA immediately if an operator
is suspended, expelled from membership or receives sanction points.

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Warranties and Disclaimers

19

Warranties and Disclaimers

19.1. The Code is designed to complement the laws which apply to the parking
industry. Outside of this Code, it is members’ responsibility to ensure they adhere
to all relevant legal provisions and the ATA assumes no responsibility for unlawful
or illegal acts of its members and they agree to indemnify each ATA as to the
same.
19.2. By being an ATA member, operators agree to indemnify their ATA against all
claims arising from obtaining keeper data falsely, illegally or by mistake, and
against any misuse of any such keeper data.
19.3. Parking operators must inform their ATA if they apply to the DVLA for an
electronic facility to request keeper data from the DVLA and use their membership
of the ATA and compliance with the Code as evidence of their intention to keep to
DVLA procedures.
19.4. Each ATA will use its best endeavours to maintain its ATA status with DVLA.
ATA status is granted to each ATA by the DVLA and therefore it is within their
power to withdraw such status. The ATAs will not be responsible for any loss
caused to its members in the event ATA status is withdrawn for any reason.
19.5. ATAs will not be liable for any direct or consequential losses that the
operator or any third party incur as a result of:
19.5.1. Complying with the Code
19.5.2. Not complying with the Code
19.5.3. Being denied the facility to request keeper data from the DVLA

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Annex A
A

Entrance signs

A.1 General
A.1.1 Signs at the entrance to a parking area must clearly show the type of parking
available and if, when and how any payment is required to be made. If public parking is not
welcomed, that must be made clear. If public parking is welcomed, but subject to a tariff,
then the existence of the tariff must be made clear.
A.1.2 If one of the standard wordings in Table A.1 applies, then the standard wording
should be used.
NOTE: If none of the standard wording applies, alternative wording may be used. Words in
square brackets may be omitted.

A.1.3 There should be at least one item from Group 1 in Table A.1 on the sign. However,
no more than three items from Group 1 should appear before, and more prominently than,
text from Group 2. The sign must state that terms and conditions apply and state where
drivers can find more details (usually on other notices within the land).
A.1.4 If there are different payment terms for Blue Badge holders, such terms must also be
displayed. The words “Blue Badge holders” should generally be replaced or accompanied
by display of the Blue Badge symbol (as shown in the Traffic Signs Manual).
Table A.1 – Entrance sign wording

Group 1 Group 2
Pay and display [except/free for Blue Badge Charges apply [after this] [after x minutes/hours]
holders]

[x minutes’/hours’] free parking [for {business

Private land
name} customers only]

Pay on exit Terms and conditions apply

Pay [on foot/at machine] when leaving See the notice[s] [in the car park] for details

Parking for [business name] customers only

Permit holders only

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A.2 Text size

A.2.1 The capital height for Group 1 text in Table A.2 depends on the approach speed of
traffic. Group 2 text must be at least 50% of the size of Group 1 text. All other text must be
smaller than 50% of the Group 1 text size.

NOTE: The name of the car park or parking area, or a brief welcome message (if included),
may be larger.
Table A.2 – Entrance sign text size

Situation Typical Minimum capital

approach height for Group
speed (mph) 1 text (mm)

Barrier control under 10 50

Parking area entered immediately by turning off a

15 60
30 mph road

Car park entered from higher-speed road or using

25 90
a length of access road

Service areas on motorways and dual

40 120
carriageways

A.2.2 The sign should be placed so that it is readable by drivers without their needing to
look away from the road ahead.
NOTE: Any text on the sign not intended to be read from a moving vehicle can be of a
smaller size.
A.3 Contrast and illumination

A.3.1 There must be colour contrast between the text and its background.
The best way to achieve this is to have dark, preferably black, text on a white background,
recognising that the use of corporate colours, whilst permissible, could cause problems
e.g. for drivers who are colour blind.
A.3.2 Signs must always be readable and understandable, including during the hours of
darkness or at dusk if and when parking enforcement activity takes place at those times.

NOTE 1: This can be achieved in a variety of ways such as by direct lighting or by using
the lighting for the parking area.
NOTE 2: If the sign itself is not directly or indirectly lit, it should be made of a reflective
material similar to that used on public roads and described in the Traffic Signs Manual.
Dark-coloured areas do not need to be reflective.

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Annex B
B

Consideration and grace periods

COMMENTARY ON ANNEX B
The purpose of this Annex is to set the mandatory minima for the consideration and grace
periods that parking operators are required to apply in accordance with 5.1 and 5.2.
Factors to be taken into account are detailed in the relevant clauses. It is important to note
that where there is evidence the consideration period has expired the minimum period of
time for the consideration is not relevant however, the operator should retain evidence to
show how the consideration period had ended.
The significance of whether the consideration has expired is fundamental as it is the point
the driver has accepted the terms and conditions attached to the controlled land in
question. A consideration period is not a free period of parking.
B.1 The minimum consideration and grace periods listed in Table B.1 must be applied by
parking operators.
NOTE: The consideration period may end earlier than the times prescribed in Annex B
where there is evidence that the driver has accepted the terms and conditions applying
(whether or not they have chosen to read them), which may for example be evidenced by
the driver parking the vehicle and leaving the premises, paying the applicable parking
tariff, or remaining stationary for more than 5 minutes.

B.2 Parking operators must register with the ATA to which they belong the consideration
periods they intend to apply to individual sites before issuing a parking charge.

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Table B.1 Controlled land

Type of Scale of Minimum Grace Period Entrance Sign
Controlled premises Consideration (mins) to display
Land Period (mins)1
Open to the public
Free for a period of 1 hour < 500 spaces 5 10 Duration of free parking
or more

Free for a period of 1 hour > 500 spaces 2 10 10 Duration of free parking
or more

Tariff for parking – pay up

front for specified period n/a 5 10 Parking tariff applies
(e.g. pay-and-display)

Tariff for parking – pay on

departure (e.g. before n/a 5 10 3 Parking tariff applies
returning to vehicle or at
exit barrier)

Tariff for parking –

4
booked in advance (e.g. n/a n/a 10 Parking tariff applies
on-line)

Restricted
Tied to an event 5 n/a 5 n/a Specify permitted use

Tied to custom 6 n/a 5 n/a Specify permitted use

7
Short stay n/a 1 0 Specify permitted use

Pre-booked users 8 n/a n/a n/a Specify permitted use

Permit areas n/a 5 10 Specify permitted use

No Stopping n/a While driving No Stopping

n/a

1
This is not relevant where there is evidence that a consideration period has ended other than entry and exit onto
land. The minimum consideration period occurs when a parking operator assumes after a set period of time that the
consideration period has ended.
2 in exceptional circumstances the design of the controlled land may be such that a shorter – less than 10 minutes – or

a longer – more than 10 minutes period may be appropriate. In such cases the ATA must give written approval to the
period, record the rationale for that decision
3
needs to recognise how long it could reasonably take to travel from the payment machine to the vehicle and
thereafter to the exit.
4 In the event that parking is pre-booked, e.g. on-line, there need be no consideration period where the terms and

conditions of parking have been made available at the time the booking was made.
5 dependent on the terms applied – the grace period is only relevant where the permission to park, whether free,

subject to a tariff, or linked to the purchase of a ticket to an event, is time limited.

6 where the provision of parking on controlled land is tied to patronage of particular premises e.g. to a retail outlet,

salon etc…
7 Short stay locations often require free flow of traffic and can be for areas of high demand. They are very site specific,

and it will be important to ensure that clear signage is in place, which can quickly be read, possibly while vehicles are
being driven into the area. Location of cameras will be significant when setting the consideration period applicable in
such areas.
8 permitted users where parking is pre-booked.

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NOTE 1: It is important to stress that the consideration period is the amount of time a
driver has to decide whether or not to park, including the time needed to find an available
parking space. Should the driver decide to do so within the consideration period, e.g. by
purchasing a pay-and-display tariff ticket in less than 5 minutes, or if there is evidence that
the driver has left the location e.g. by observation by an attendant, the consideration
period is deemed to have expired, other than for pay-on-exit premises.

NOTE 2: Some parking facilities are only opened to the public – generally ticket holders -
when specific events are running e.g. music festivals or sports events where parking is on
land not generally open to public parking. A consideration period could still be relevant to
the driver understanding such terms and conditions as may apply where they had not been
made available in advance e.g. when tickets to attend had been booked, or where pre-
booking of tickets for the event was not obligatory.

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Annex C
C

Appeals and Liability

This annex sets out the scenarios showing who might be liable for a parking charge at
each particular stage of the process. It also sets out who is able to appeal a parking
charge.

NOTE: The annex relates to parking charges issued under contract law or the law of
trespass. Charges issued under a byelaw may be different.

The following types of notice are referred to in this annex:

Notice to Driver (NTD) This refers to the notice issued at the time of the parking, event
either to the windscreen of the vehicle or the person in control of the vehicle.

Notice to Keeper (NTK) This refers to the notice issued to the registered keeper of the
vehicle, either following an NTD or as the very first notification where no NTD is issued at
the time of the parking event.

Notice to Hirer (NTH) This refers to the notice issued to the entity paying for the use of the
vehicle through lease or hire. It will follow the NTK regardless of whether or not a NTD was
issued at the time of the parking event.

Liability
It is the driver that is liable for the parking charge.

NOTE: The driver is often the same person as the keeper and/or the hirer. Where a keeper
or hirer fails or refuses to provide the name and serviceable address of the driver when
requested to, it may be assumed they are the driver, based on that failure or refusal.

Schedule 4 of The Protection of Freedoms Act 2012 (POFA) provides a mechanism in

England and Wales for recovering an unpaid parking charge where the driver’s details are
not known and the conditions within the Act are met. If the conditions of the Act have been
met, liability for the unpaid parking charge may be applied as noted in Table C below.

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Table C

Where the NTD is issued Driver Keeper Hirer

NTD x x

NTK * x

NTH x

Where the NTD is NOT

issued
NTK x

NTH x

x = not liable
= liable
* = Where the keeper fails to identify the driver (name and serviceable address) they will
become liable after 28 days of the NTK. Unless the vehicle was stolen.

Who can identify the driver to avoid liability.

Anyone receiving a parking charge can avoid liability if they are not the driver. To do this
they need to provide the name and serviceable address of the driver to the parking
operator.
NOTE: Where an NTH is provided in accordance with POFA identifying the driver may not
avoid liability.

Appeals
The driver may appeal the parking charge in accordance with clause 8.4. However, where
a NTK or NTH has been issued in accordance with POFA, the Keeper or Hirer may appeal
the parking charge if the driver has not previously been given the opportunity to appeal.
Where no appeal is made within 28 days of the first notice then the right to appeal is lost,
subject to 8.4.1(c).

NOTE: Where the Keeper receives an NTK (following an NTD), is not the driver and is
unable to identify the driver, they may be able to appeal in accordance with clause 8.4.1(c).

Each parking charge is only permitted one opportunity to appeal to the relevant Appeals
service.

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Annex D
D

Auditing
All parking operators and organisations involved in debt resolution must comply with the
auditing requirements of their ATA. Each ATA will audit member’s processes in accordance
with the Code, and particularly this annex. The aim being to ensure members have
systems and procedures in place to make sure compliance with the Code is embedded
within the culture of the organisation.

New Members
As a minimum new members will have the following assessed prior to membership being
granted:
• General processes to include:
o Complaints Policy
o Appeals Policy
o Training policy
o Privacy Policy
• Insurance cover for Employers’ and Public Liability
• Template notices issued to those receiving a parking charge
• Website
• Compliance Officer
• ICO registration

On-going surveillance
All members will be subject to continuous ongoing surveillance which will include:

• Consideration of complaints which have not be successfully resolved by the member

• Obligations to self-report breaches of the Code

Members issuing parking charges will be subject to additional on-going surveillance which
will include:
• Mandatory registration of all sites prior to issuing of parking charges
• Audit of all sites where charges are issued for vehicles stopping in a no-stopping
area prior to issuing of charges
• Audit of all sites where unpaid tariffs will be pursued prior to issuing of parking
charges
• Mandatory registration of all self-ticketers

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• Audit of all sites where self-ticketers will be obtaining evidence to support the issue
of a parking charge prior to issuing of parking charges
• Random in person site inspections
• Ad hoc audits based on intelligence
• Audits of Notices
• Registration of Compliance Officer

Annual Audit
An annual audit will be conducted every 12 months of membership. This will be
undertaken either remotely or in person. It will consist of assessment and review of the
following:
• General processes to include:
o Complaints Policy,
o Appeals Policy
o Training policy
o Privacy Policy
• Insurance cover for Employers and Public Liability
• Template notices issued to those receiving a parking charge
• Signage templates
• Website
• Compliance Officer
• ICO registration
• Parking charges issued. This will include random assessment of parking charges
and subsequent communications with the motorist, which may include appeal
responses and any other communications
• Complaints Register and handling of complaints
• Register of remedial actions taken where appeals have been accepted and action was
necessary to prevent repeat issues

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Annex E
E

Terminology in parking operator/debt resolution agent communication

E.1 General
The terminology used in all communications relating to the pursuit of a parking charge
must be clear, concise and conveying to the recipient what they are being asked to pay,
why, how to pay, the consequences of not paying, and how to appeal against the charge.
They must not misrepresent to the recipient that the parking charge arises from the
exercise of the statutory powers of the police or any other public authority. Therefore, the
notice must not use terms which imply that parking is being managed, controlled and
enforced under statutory authority, where it is not, nor unduly pressurise the recipient such
that they do not consider all their options or make a decision that they might not otherwise
have made.
Where byelaws apply in respect of parking on controlled land the parking operator must
make clear whether they are enforcing the byelaw, through the appropriate legal
procedure for their enforcement, or pursuing a complementary contractual obligation.

E.2 Wording used in operator notices

Operators must not inappropriately use the following terms:

• offence, offender, offending vehicle

• order for recovery
• Notice of Intended Prosecution
• illegal parking
• crime
• violation
• fixed charge
• fine or penalty
• bailiff
• Penalty Charge Notice

E.3 Wording used by debt resolution agents (DRAs)

The principle of engaging a DRA where the creditor and their customer are unable to
achieve a satisfactory conclusion, especially when standard appeals/arbitration protocols
have been exhausted, is established, but must be on the basis that the DRA’s role is to
strive to come to an arrangement (debt resolution) not simply enforcement (debt recovery).
While a minority of cases might still need to be settled at Court it is important that in

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making the customer (driver/keeper) aware of the implications of non-payment including,

should the Court find against them, the risk to their credit rating.
DRAs must not use terms which would mislead the average consumer or make them
reach a decision that they might not otherwise have made – such terms may include the
list in E.2 and the following:
• summons
• justice
• prosecution
• excessive use of “County Court Judgment” (CCJ)
• calling round
• earnings attachment or
• bankruptcy

Nor should DRAs use terms that:

• imply that they are writing from a legal or litigation department or team
• imply that they have a formal role in adjudication
• refer to pre-action protocol at a point when they are not yet using it
• threaten an in-person visit
• misrepresent whether the timing for appeal has expired

NOTE: This is not an exhaustive list.

E.4 Websites
Parking operators must ensure that their websites comply with the guidance and
restrictions in accordance with E.1 to E.3.

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Annex F
F

Appeals Charter - Exempt vehicle cases, no-stopping zones, and appeals

Introduction
The Appeals Charter is a statement of the way certain grounds of appeal based on an
error or mitigating circumstances will be handled by the parking operator. There are 2
scenarios considered within the Appeals Charter:
1. Where the parking charge should be cancelled.
2. Where the parking charge should be reduced to £20 for a period of 14 days.

Parking operators should consider the spirit of the Appeals Charter when deciding
appeals. For example, where there is clear evidence of illness or emergency this should
be taken into account when deciding whether to uphold the appeal, offer a reduced
settlement or cancel the parking charge.

The Appeals Charter is relevant for all motorists who appeal within the timeframes set at
clause 8.4 who provide evidence to support their position.

In all cases the Appeals Charter would require the motorist to provide the evidence. Where
the operator is not satisfied with the evidence, they should request further evidence from a
motorist when it becomes clear they are claiming to meet the criteria. Where a motorist
engages and provides acceptable evidence, they will be dealt with in accordance with the
Appeals Charter.
There is no obligation for an operator to engage the Appeals Charter where:

• the motorist does not appeal within the time limits set unless there are exceptional
circumstances for the appeal being late.
• evidence is not provided within a reasonable time limit to corroborate the motorist’s position
• evidence is unacceptable

• there is a history of non-compliance from the motorist appealing

F.1 Exempt circumstances

Parking operators should take all reasonable steps to avoid issuing a notice to exempt
classes of vehicle (listed below) by scrutinising images and weighing the balance of doubt.
It is recognised that it may not always be possible for a parking operator’s system to pick
up that these circumstances have arisen, and hence issue a notice that should then be
withdrawn on appeal, providing that acceptable evidence is shared within the time limits
set.
Parking charges must not be pursued in relation to vehicles where evidence is provided
that they are identified as:

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a) ambulance, fire brigade, police, or coastguard vehicles where their access to the
controlled land is necessary to the exercise of their operational duties, e.g. in response to
an emergency call;
b) vehicles being used by a doctor or other health worker (e.g. midwife or district nurse)
who is on an emergency call at the address under control, and the vehicle is displaying a
British Medical Association (BMA) badge or authorised Health Emergency badge;
c) a breakdown assistance or recovery vehicle in use for recovery of a vehicle on the
premises that has broken down and cannot safely be driven out without repair;
d) a vehicle that has been driven onto controlled land due to an instruction to the driver by
a member of the emergency services, or an invitation or instruction from the landholder(s)
or parking operator;
e) a vehicle that has been driven onto controlled land due to an emergency which could
not be avoided due to the exceptional nature of an incident outside of the control of the
driver, e.g. serious illness;
NOTE: An emergency is a serious, unexpected, and dangerous situation requiring
immediate action.
f) a hearse and/or other vehicle in use at the time as part of a funeral cortege;
g) a vehicle paused on a private road network simply because the driver needs to check
directions e.g. on an industrial estate where the driver has a legitimate need to access
premises within that estate.

NOTE: The pause must only be momentarily and for no longer than is necessary. The
pause must not be to let passengers in/out of the vehicle or in a clearly signed short stay
area.
h) where the driver has paid the tariff but made a minor keying error when registering their
vehicle (for example, 0 instead of o; I instead of L; 1 instead of I); or

i) where the parking operator has breached an obligation in this Code relating to the issue
of a notice, or such that the driver was unable to adhere to the relevant obligations.

j) a vehicle parked in a car park managed by fixed camera technology (ANPR and/or
CCTV) for which payment has been made for the full period of parking prior to the vehicle
leaving the car park.
NOTE: This exempt circumstance only relates to the timing of making payment. It does not
exempt a motorist from parking charges which have been issued for other contraventions
such as;
· Partial or under payment for the time parked,
· Where the driver has paid the tariff but made a major keying error when registering their
vehicle,
· Parking in a bay where the vehicle was not permitted to park
(this list is not exhaustive)

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F.2 “No-stopping” zones

F.2.1 Appeals where the charge should be cancelled in “No-stopping” zones

The exemptions listed in F.1 a) b) c) and d) also apply within “no stopping zones’”. All other
exemptions are not applicable in no stopping zones (i.e. private roads clearly marked with lines
and clear, obvious, and repeated traffic-facing “no stopping” signs and barriers to deter
trespass).

Parking Charges issued in a no stopping zone should be cancelled where there is

evidence it occurred in the following circumstances:

a) to avoid an accident;

b) to allow a person to get or give help in respect of an accident or emergency;

c) to give way to an emergency vehicle;

d) at a closed gate or barrier e.g. at a level crossing;

NOTE: This does not include where the vehicle is stopped at a gate, barrier or level
crossing to allow a passenger to enter or exit the vehicle.

e) in recognition of the use of a zebra crossing by pedestrians; or

NOTE: This does not include where the vehicle is stopped at the zebra crossing to allow
a passenger to enter or exit the vehicle.

f) due to stationary or slow-queuing traffic preventing the vehicle from moving.

F2.3 Examples of required evidence in “No-stopping” zones

Motorists shall, if available, provide footage to evidence their appeal. The evidence is likely
to be unique to the scenario. Where a vehicle is stopped to allow a person to get or give
help in respect of an accident or emergency the evidence will need to prove that there was
an emergency, and it was appropriate for the driver to stop and assist. Where the
emergency relates to the individuals within the vehicle, it will need to show that it was
necessary for the vehicle to stop.
Examples where is it not likely to be necessary to stop the vehicle are (non
exhaustive list):

• for normal childcare issues

• to check an amber vehicle maintenance light

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If the appellant is unable to provide evidence, then it is up to the operator to prove to the
contrary of the appeal, e.g. via CCTV footage.

NOTE: Common sense must be applied to the circumstances and evidence available.
However, a charge should not be cancelled where a driver stops their vehicle for some
other reason which could have been delayed. For example, where a driver stops at a
pedestrian crossing to allow a someone to enter/exit the vehicle.

F.3 Appeals where the charge should be reduced to £20 for a period of
14 days
In considering appeals parking operators must recognise the below case types as
mitigating circumstances warranting a reduction in the amount of the parking charge to
£20 for 14 days, subject to appropriate evidence being provided. This reduction applies
only for the first parking charge issued to the vehicle for the specific contravention, where
payment is made within 14 days and where no independent appeal is lodged.

Note: When considering appeals, operators should look at evidence provided in the
appeals process and where evidence is lacking it may be appropriate to ask the motorist to
provide additional evidence to support their account before finalising their decision.

a) where the driver has paid the tariff but made a major keying error when registering their
vehicle for example, letters wrong or missing; characters swapped; motorist entered the
wrong car registration (e.g. their previous car or another vehicle from their household);

b) where the driver or a passenger in the vehicle suffers the onset of illness, is delayed by
an overrunning medical appointment, or as a result of delay resulting from childcare
arrangements;

Note: The evidence is likely to be unique to the scenario. This may not be applicable
where the vehicle was not parking in accordance with terms and conditions. It is more
appropriate where the terms and conditions were initially complied with but there was an
overstay.

c) where the vehicle has broken down;

Note: This may not be applicable where the vehicle was not parking in accordance with
terms and conditions. It is more appropriate where the terms and conditions were initially
complied with but there was an overstay.

d) where a permit to park has not been displayed but the driver subsequently supplies a
copy of the permit, they hold that would have been valid at the time identified in the notice;

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e) where a Blue Badge has not been displayed but the holder of the Blue Badge supplies a
copy of the Blue Badge they hold, that would have been valid at the time and in the
circumstances identified in the notice i.e. that the holder was in the vehicle whether or not
as the driver; (This does not include where a motorist has not paid the tariff for parking if
required.)

f) where one or more payment machines were out of operation, no alternative payment
options were available (e.g. by phone) and the driver could not reasonably be expected to
have accessed machines on the controlled land that were still in operation; or

g) where the vehicle would have been permitted to park at the location, but the driver failed
to enter their registration into a terminal/device as specified in the terms & conditions.

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Annex G
G

Sample landowner/operator notice

This example does not cover the management of land governed by byelaws, where
specific provision would need to be made to cover their extent and the legal remedies
available for their enforcement.

G.1 Purpose
Where a parking operator is to manage parking on privately owned land, it is important that
the parking operator and the landowner are both clear about the approach the parking
operator intends to take, the terms and conditions they will apply, the regulatory constraints
within which they are working, and the respective responsibilities of the landowner and the
operator in respect of the management of the land.
Hence, the purpose of this document is:

• to confirm that the landowner has appointed the operator to manage the land;
• to confirm that the landowner has been informed and has properly considered the

issues relating to management of the land when appointing the operator including all
terms and conditions (e.g. restrictions, parking tariffs and parking charges, and
exemptions) to be applied by the operator to third parties in managing the land;
• to confirm the identity of the landowner;
• to confirm that the landowner has been provided with a copy of the Code and is aware
of the obligations of all parties under the Code; and
• to confirm that all provisions relating to the terms and conditions (including restrictions,
parking tariffs and parking charges, and exemptions) to be applied by the operator to
third parties in managing the land are complete and accurately and consistently cover
the operator’s duties under the contract under which the operator is to manage the
land.

This document is not intended to create any new legal relationship between the landowner
and the operator outside the contract under which the operator is to manage the land.
This document may be disclosed on request (e.g. from those appealing against a parking
charge) and will form part of the checks undertaken by the ATA when accrediting the
operator. [NB – Landowners may wish to reserve the right to approve release].

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G.2 Definitions
“Land” means
Full Site Address:
Contact details:
Email: Telephone:
Site Map (clearly defining boundaries):

“Landowner” means
Name of landowner:
The landowner is deemed so if they are the legal occupier of the land.

“Operator” means
Name of operator:
Address:
Contact details:
Email:
Telephone:
“The Accredited Trade Association” means
[insert the operator’s ATA].

“The Code” means

The Private Parking Code of Practice created jointly by the British Parking Association
hhl(BPA) and the International Parking Community (IPC)

“The conditions of parking” means

The parking restrictions set out for the land as indicated by the signs located throughout
lllllllthe car park.

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G.3 Appointment of the operator

The landowner confirms they appoint the operator to manage the land in accordance with
the conditions of parking.

The landowner attests that they have been provided with a copy of the Code and
understand the most recent version can be viewed online.

The landowner confirms they understand the operator is required to act in accordance with
the Code when managing the land.

The landowner understands the operator is the creditor for all parking charges issued and
has discretion about how they are enforced, including proceeding cases through the County
Court.

In consideration of the above, the landowner has directed the operator to manage the
land.

The landowner confirms that they have considered with the operator:
• The needs of the users of the land
• The hours/days on which the land may be occupied
• The obligation of the operator to apply consideration and grace periods in accordance
with the Code
• Arrangements and exemptions for loading/unloading and deliveries
• Any reputational issues that may arise for the landowner
• The Equality Act 2010, including arrangements for drivers with disabilities and whether
any concessions apply, including extended dwell times
• The requirements of the ATA to which the operator belongs
• The statutory obligations applying to the operator
• The landowner’s expected involvement and responsibilities e.g. for building
maintenance, lighting information signs, seeking planning consent for signs, and the
size and spacing of parking bays
• Site-specific appeals criteria to be applied by the operator

[Insert operator name] is appointed to manage the land from [insert date contract begins].
Signed: ………………………………………………………
On behalf of landowner
Print name ………………………………………..
Relationship to the landowner …………………………………

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Annex H
H

Sanction Scheme
It is important that the Sanction Scheme is used primarily as a mechanism to encourage
compliance and correct non-conformances, and only be punitive where the parking operator fails to
correct substantiated non-conformance or where the non-conformance was so serious that
sanctions are appropriate.

When a non-conformity is identified, the ATA must consider the appropriate action, which may include
one or more of the following:

a) No action required;
Note: where the non-conformance has already been corrected and was not a major
non- conformance it may be appropriate not to take any action.

b) Continuation of membership under conditions specified by the ATA, such as:

a. corrective actions within specified periods to address non-conformance
b. enhanced surveillance
c. Suspension of non-conforming site pending remedial action
d. Any other action deemed appropriate by the ATA
c) Impose Sanction Points;
d) Suspension of the membership pending remedial action; or
e) Expulsion from the membership of the ATA.

The Sanction Scheme consists of an upper threshold of 12 sanction points. When determining the
number of sanction points to be imposed for non-conformance, the ATA will consider the level of
seriousness of any issue, the culpability of the organisation, and the harm that has been caused.

The Code has four non-conformance levels with Level 1 being the least serious and Level 4 being
the most serious. Table H provides the Levels of non-conformance and the associated starting
Sanction Point amount and its range.

Table H

Non-Conformance Level Starting Point Points Range

Level 1 2 1-3

Level 2 5 2-8

Level 3 9 6-12

Level 4 Suspension Suspension -

Expulsion

Level 1: These non-conformances may be administrative in nature. They may occur when the
operator’s actions have disregarded an element of the Code but where they are of little
consequence or are of less serious impact. A Level 1 non-conformance will result in the starting
point consideration of the imposition of 2 Sanction Points.

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Examples of Level 1 non-conformances include:

• Failing to comply with ATA request
• Does not self-report instances of noncompliance to the ATA
• Sending of a notice implying that they are pursuing the keeper using the Schedule 4 of the
Protection of Freedoms Act when they are outside of the timescales
• Does not respond to motorist’s complaints or appeals within the timeframes specified in the
Code
• Does not allow appropriate grace or consideration periods
• Notices do not adhere to the requirements of the Code
• Entrance or T&Cs sign(s) do not adhere to the requirements of the Code
• Does not consider appeal(s) outside the 28 days window where the
appellant provides evidence of exceptional circumstances for the appeal not being lodged
within the permitted timeframe or mitigating circumstances set out the Code
• Does not perform trace or use old address when trace provides a new address
• Use debt recovery agencies that are not full members of the ATAs

Level 2: These non-conformances are likely to occur when the operator’s actions have
disregarded some fundamental part of the Code and have a serious impact on the parking event or
consumer. A Level 2 non-conformance will result in the starting point consideration of the
imposition of 5 Sanction Points.

Examples of Level 2 non-conformances include:

• Where evidence of repeated breaches set out in level 1 examples above

• Repeatedly sending parking charge notices implying that they are pursuing the keeper
using Schedule 4 of the Protection of Freedoms Act when they are outside of the
timescales
• Repeatedly making requests for registered keeper details when there is no reasonable
cause
•
Failing to make multiple requests for registered keeper data when there are multiple
contraventions for the same vehicle
•
Requesting registered keeper data for periods of time when they are not permitted to make
such requests
•
Adding additional values to the amount of the outstanding parking charge when not
• permitted
Repeatedly or consistently
Does not allow appropriate grace or consideration periods
Entrance or T&Cs sign(s) do not adhere to the requirements of the Code
Does not consider appeal(s) outside the 28 days window where
the appellant provides evidence of exceptional circumstances for the appeal not
being lodged within the permitted timeframe or mitigating circumstances set out the
Code
Does not perform trace or use old address when trace provides a new address
Use debt recovery agencies that are not full members of an ATA

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Issues a notice on the basis of photographic evidence supplied by a third party

without evidence to show that notification could not reasonably have been given to
the driver or affixed to the vehicle at the time of the contravention

Level 3: These non-conformances occur where the operator’s actions are extremely serious.
These non-conformances occur when the operator’s actions have disregarded some fundamental
parts of the Code which has impacted multiple parking events or locations. A Level 3 non-
conformance will result in the starting point consideration of the imposition of 9 Sanction Points.

Examples of Level 3 non-conformance include:

• Where evidence of repeated breaches set out in level 2 examples above

• Using prohibited or misleading terminology on correspondence and communication sent to
motorists
• Using Incentive Schemes that incentivise staff to issue a greater number of notices of
parking charge
• Misuse of Keeper Data
• Failure to register with the Information Commissioner
• Enforcement action on a site with no signage

Level 4:These non-conformances are so serious that the starting point would be suspension from
membership. They are the most serious cases of non-conformance often where the actions of the
operator are dishonest.

Examples of Level 4 non-conformances include:

Using predatory tactics to entrap motorists in to receiving a parking charge

Sustained and or intentional abuse / or misuse of DVLA Data
A conviction under the Protections of Freedoms Act Legislation
Clamping and/or removal without lawful authority
A conviction for fraud initiated or perpetrated by officials of the business
Deliberate misrepresentation of authority

Culpability and Harm

Once the non-conformance level and starting point for any sanction points has been decided, the
ATA shall consider the culpability of the parking operator and the harm that has been caused. The
ATA shall also consider any aggravating or mitigating factors that may make the situation more
serious or which may reduce the seriousness. Common aggravating and mitigating factors include:
(the list is not exhaustive, and each case should be looked at on its own merits).

Factors indicating lower culpability:

Unintentional action
Brief indiscretion
Trivial or technical breach
Breach remedied promptly upon discovery
No previous issues of non-conformity

Factors indicating higher culpability:

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Intentional action
Predatory or misleading tactics used.
Breach over a long period of time or continued breach after notification of the same
Previous issues of non-conformity

Factors indicating a lower degree of harm:

Personal Keeper Data not compromised

Little or no loss to consumer or gain to operator

Factors indicating a higher degree of harm:

Personal Keeper’s Data compromised

Breach affects several people

Lower culpability might see a reduction of one or two points whilst higher culpability might merit
one or two additional points. In the same way lower harm might see a reduction of one or two
points whilst higher harm might merit one or two additional points.

Irrespective of sanction points imposed, all instances of non-conformance must be corrected or

mitigated within the period specified by the ATA. If the operator does not correct the non-
conformity within the specified period, the ATA may impose additional Level 3 sanction points.

If an operator receives 12 points on one occasion or accumulates 12 within a rolling 12-month

period they should be suspended as detailed below.

Membership Suspension, Withdrawal or Expiry

Incurring 12 or more sanction points means a minimum period of suspension must be considered.
The minimum period is:
a) 14 days if no previous suspension is to be taken into account;
b) 28 days if one previous suspension is to be taken into account;
c) Automatic withdrawal of the certificate of confirmatory if 28 days suspension has been
previously imposed within the same certification cycle.
When considering a suspension, the ATA may not need to impose a minimum period where:
There is evidence all non-conformances have been rectified
There is evidence that a suspension would be unfair
It is explained to the operator that if further sanction points are imposed within a defined
period they will automatically receive the minimum suspension

A previous suspension must be taken into account if it is imposed within a 12-month rolling period,
immediately preceding the date on which the current or most recent of the current non-
conformance occurred.

Suspension should only be lifted where the operator has addressed all instances of non-
conformance.

If membership is suspended, the ATA shall write to the organisation confirming the reasons for the
change in status of their membership and how long their membership has been suspended for, as
well as the actions needed to end suspension.

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Organisations that have had their membership removed will need to re-apply for membership and
begin the application process from the start. In such cases, the ATA will advise the organisation
how long they will need to wait before they can reapply for membership to any ATA.

ATAs must maintain a record of all non-conformities, sanction points issued, and where
membership has been suspended or removed.

When a membership is suspended or terminated, the ATA must inform the DVLA, and the other
ATA to prevent the parking operator obtaining alternative membership earlier than that specified by
the ATA who withdrew the original membership.

Each ATA must have a clear and documented process for dealing with serious non-conformance
which may result in suspension and/or expiry of ATA membership. Several guiding principles will
apply.

Appeals by operators against actions undertaken by ATAs.

Each ATA must have a clear and documented process which allows operators to appeal against
any disciplinary action undertaken by that ATA, including sanction points issued, suspension
and/or removal of membership.
When disciplinary action is taken and the operator is written to, the correspondence will outline the
process for appeal and the relevant timelines.

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CONTACT

THE BRITISH PARKING ASSOCIATION

The BPA, Chelsea House, 8-14 The Broadway, Haywards Heath, West Sussex RH16 3AH

www.britishparking.co.uk

THE INTERNATIONAL PARKING COMMUNITY

The IPC, PO Box 662, Macclesfield, SK10 9NR

www.theipc.info

-End-