Understanding UK Parking Rules: Fines, Private Land, and Devolved Policies

Navigating parking in the UK can be complex due to devolved policy, meaning rules differ across England, Scotland, Wales, and Northern Ireland. This episode breaks down key aspects, from council-controlled parking and penalty charges to rules on private land enforced by private parking companies. We cover topics like DVLA data sharing, scams, grace periods, pavement parking status, and how to appeal tickets. Understanding these rules is essential for UK motorists.

Key Takeaways:

• Parking policy is devolved, with different government bodies responsible in England, Scotland, Wales, and Northern Ireland.
• The DVLA can release drivers' information to parking enforcement companies for a fee under certain conditions.
• Scam parking texts exist; legitimate parking notices are sent by post or attached to the vehicle. Look for signs like TinyURL links or non-gov.uk addresses.
• A 10-minute grace period applies to council parking in England and Northern Ireland, but generally not in Scotland or Wales. For private land, a similar grace period is included in the private parking sector single Code of Practice.
• Wheel clamping is banned on private land in England and Wales, effectively banned in Scotland, but legal in Northern Ireland.
• There is no national ban on pavement parking in England, but Scotland has legislated a ban with exemptions, and Northern Ireland has a limited ban in specific locations. Wales intends to consult on the issue.
• Parking across a driveway can be a civil offence (if restrictions are in place) or a criminal offence of obstruction (if none).
• You cannot legally reserve a parking spot outside your house using objects.

Discussion: Given the varied and sometimes complex nature of parking rules across the different parts of the UK, what are the potential benefits and drawbacks of this devolved approach for drivers, and how can consistent challenges like 'obstruction' be better addressed?

Source: Parking FAQs
Research Briefing
Published Tuesday, 29 April, 2025

Transcript

Amy: 0:00

Hello, and welcome to The Bench Report. You're listening to Amy and Ivan.

Ivan: 0:07

Hello.

Amy: 0:07

Today, we're tackling something, well, something we all deal with, parking.

Ivan: 0:12

Ah, yes. The joys of parking.

Amy: 0:14

You've looked through quite a bit of government material, rules, reports, that sort of thing to answer some common questions. Hopefully make sense of it all.

Ivan: 0:23

Let's try.

Amy: 0:23

So let's get straight to it. Who actually makes the parking rules around here?

Ivan: 0:28

Well, it's not one single rule book for the whole UK, you see. Parking policy is actually devolved. It's different depending on where you are.

Amy: 0:38

Devolved, meaning England, Scotland, Wales, Northern Ireland all have their own say.

Ivan: 0:43

Exactly. So in England, the Department for Transport, the DFT, generally handles it. But for parking that's not on the street, off-street parking, it's been the Ministry of Housing, Communities, and Local Government since I think 2015.

Amy: 0:56

But the DFT still provides guidance.

Ivan: 0:58

Yes, they provide guidance that local councils, the local authorities, have to consider when they set their own rules.

Amy: 1:04

I see. And what about Scotland, Wales, and Northern Ireland? Well,

Ivan: 1:07

in Scotland, they've had control over their transport policies, including parking, for a while now. Transport Scotland develops those rules. It was clarified back in 2016 about pavement parking specifically being devolved. Parking is also managed within Wales. You can usually find the relevant information on the Welsh Government's website.

Amy: 1:27

In Northern

Ivan: 1:29

Ireland, it's the Department for Infrastructure that makes the parking policy. Their NI Direct webpage has the details on how it's enforced over there.

Amy: 1:37

Right. Let's switch gears a bit. What about those parking tickets you sometimes get from private companies? Can they actually get your information from the DVLA?

Ivan: 1:46

Yes, they absolutely can. The Driver and Vehicle Licensing Agency, the DVLA, is allowed to release driver information to parking enforcement companies and other private companies, too, actually.

Amy: 1:56

For a fee, I assume?

Ivan: 1:57

Yes, for a fee. Currently, it's £2.50 per transaction per vehicle lookup.

Amy: 2:03

And that's legal?

Ivan: 2:03

It is. It's allowed under Regulation 27 of the Road Vehicles Register and Licensing Regulations 2002. What's interesting though is that the term reasonable cause, the reason they need the information, isn't actually defined in the law.

Amy: 2:19

Hmm, that seems a bit vague.

Ivan: 2:20

It does raise questions, doesn't it, about how easily private firms can access personal details. The DVLA policy does state compliance with data protection law is required. There needs to be a lawful and fair basis.

Amy: 2:33

So there are some rules.

Ivan: 2:34

Yes. Parking enforcement companies have to apply using a specific form, a V-883, and they're expected to use the data fairly and responsibly. And crucially, since August 2009, only companies that are members of accredited trade associations, like the BPA or the IPC, can get this DVLA data for parking enforcement.

Amy: 2:54

BPA, IPC?

Ivan: 2:55

British Parking Association or the International Parking Community.

Amy: 2:57

And if you think your data has been misused...

Ivan: 2:59

Then you'd need to complain to the Information Commissioner's Office, the ICO. They handle data protection issues.

Amy: 3:04

Good to know. Now, we've all seen warnings about scam parking texts. How can we spot those?

Ivan: 3:09

Yes, this is a really important one. Real parking fines. Penalty charge notices, or PCNs, from councils and parking charge notices from private companies, they will never be sent by text message. Ever. Only

Amy: 3:22

by post.

Ivan: 3:22

Only by post to the registered keeper of the vehicle or physically placed on the vehicle itself. The DVSA actually issued a warning back in October 2024 about scam texts asking for parking penalty charges.

Amy: 3:36

So what are the telltale signs of a scam?

Ivan: 3:39

Be really suspicious of any texts with web links, especially those tiny URL-shortened links. The specific phrasing, parking penalty charge, is often a giveaway. Legitimate notices use slightly different terms. Look out for website addresses that don't end in gov.uk. Any requests for personal information are a huge red flag. Sometimes there's inconsistent information within the message itself or just poor grammar and spelling mistakes.

Amy: 4:03

And if you get one?

Ivan: 4:04

Don't click anything. Report the text to 7726. That's the free reporting service. Or you can send screenshots to the National Cyber Security Center. Then definitely block the number and just delete the message.

Amy: 4:14

OK, practical advice there. Let's move on to something potentially more serious. Dealing with bailiffs for unpaid parking charges.

Ivan: 4:23

Right. Once bailiffs get involved, it's It's really moved beyond just parking law. It becomes a debt enforcement issue.

Amy: 4:29

And the rules vary again.

Ivan: 4:30

They do, yes. The laws differ in England and Wales compared to Scotland and Northern Ireland.

Amy: 4:36

So England and Wales.

Ivan: 4:37

Since April 2014, there are specific consumer protections in place. Things like assistance for vulnerable people, requirements for bailiff training.

Amy: 4:46

And Scotland.

Ivan: 4:47

In Scotland, they're called sheriff officers. Citizens Advice Scotland is a good resource for information on their powers and procedures.

Amy: 4:54

Northern Ireland. Ireland?

Ivan: 4:55

There, it's court officers from the Enforcement Judgments Office. Again, NI Direct is the place to look for information.

Amy: 5:01

So general advice is check gov.uk or citizen's advice.

Ivan: 5:05

Yes, they have general information on your rights when bailiffs visit. For more detail, the Commons Library briefing CBP 04103 goes into it further.

Amy: 5:15

What about cars that just seem to be abandoned or are causing a nuisance on the street?

Ivan: 5:20

Abandoned vehicles. In England, Scotland, and Wales, local authorities, the councils, have the power to remove vehicles that are untaxed or uninsured and have been left for a significant period. That's under the Refuse Disposal Amenity Act 1978.

Amy: 5:34

Does that include private land?

Ivan: 5:35

Yes. Councils must remove them from open air and roads, and that includes private roads. If it's on occupied land, like someone's drive, they usually have to give 15 days' notice before removing it, unless it's actually parked on a public road part of that land.

Amy: 5:49

How do they decide if it's likely abandoned?

Ivan: 5:52

Usually, if there's no keeper registered on the DVLA database and it's untaxed, that's a strong sign. Also, if it's been stationary for a very long time, it's significantly damaged, burned out, or missing its number plates.

Amy: 6:03

Can the DVLA get involved directly?

Ivan: 6:06

Yes. The DVLA can also clamp or seize untaxed vehicles themselves under the vehicle excise duty regulations. They can also delegate that power to local authorities.

Amy: 6:17

So you can check online if a car is taxed?

Ivan: 6:18

You can. And if you find one that isn't, you can report it directly to the DVLA through their website.

Amy: 6:24

Okay. Now, it's quite common to see people running small businesses from home. What are the rules about selling or repairing cars on the actual road?

Ivan: 6:34

Right. There isn't a general law stopping someone running that kind of business from their residential property, but there are regulations specifically about parking vehicles for sale on public roads in England and Wales.

Amy: 6:46

So councils can step in?

Ivan: 6:48

Yes. Local authorities can take enforcement action. For example, if a business leaves two or more cars advertised for sale within 500 meters of each other on the road, or if they're actually carrying out car repairs on the road. That's covered by the Clean Neighborhoods and Environment Act 2005.

Amy: 7:04

What kind of action?

Ivan: 7:05

It could be a fixed penalty notice, currently 100 pounds, or potentially prosecution with a maximum fine of 2,500 pounds. Councils can also issue control orders to prevent vehicle sales on a specific road altogether. Breach of that could mean a 1,000 pounds fine.

Amy: 7:20

And obstruction could apply too.

Ivan: 7:21

Yes. The general offense of obstruction, which we might touch on later, could also be relevant, enforced by either the council or the police.

Amy: 7:28

What about we Mostly

Ivan: 7:31

not, in England and Wales anyway. It was generally banned on private land back in October 2012 under the Protection of Freedoms Act.

Amy: 7:39

Are there exceptions?

Ivan: 7:40

Very limited ones. Councils or the DVLA can still clamp in certain situations, like for untaxed cars on a public road. And since 2008, they can clamp off-road for continuous registration breaches, but that specifically excludes private driveways or garages attached to homes.

Amy: 7:58

And Scotland and Northern Ireland?

Ivan: 8:00

Scotland doesn't have a specific law banning it, but a court decision back in 1992, Black v. Carmichael, effectively banned it by deeming it attempted extortion. So you don't really see it there. Northern Ireland, however, has no ban. Clamping is still possible there. NI Direct has info on removal and clamping.

Amy: 8:17

With everything going digital, do car parks still have to take cash payments?

Ivan: 8:21

No, they don't. Car park operators aren't legally obliged to accept cash. Generally, businesses can choose which payment methods they accept.

Amy: 8:28

Didn't Parliament look at this?

Ivan: 8:30

They did. Parliament rejected the idea of mandatory cash acceptance in 2023. The government wrote to councils in 2023 about digital-only council car parks, confirming there's no legal requirement for them to take cash.

Amy: 8:45

What about the private sector code?

Ivan: 8:47

The private parking sector's single code of practice, which came out in October 2024, doesn't mandate cash either. But it does say operators must clearly present the payment methods they do accept.

Amy: 8:57

It's a real pain having so many different parking apps on your phone. Any movement towards a single app we could use everywhere.

Ivan: 9:04

There has been some work on this. The government funded a pilot called the National Parking Platform, the MPP. It's not an app itself, though.

Amy: 9:11

So what is it?

Ivan: 9:13

The idea is it's a platform that allows you, the driver, to pay using your preferred app, whichever one that might be, rather than being forced to use the specific provider's app for that car park.

Amy: 9:23

Have they tested it? Yes.

Ivan: 9:24

Pilots have been running in several areas since 2021, and apparently over 200 local authorities expressed interest as of February 2025. So it's

Amy: 9:33

coming soon.

Ivan: 9:34

Well, the government said in February 2025 that they believe future delivery should happen without public funding. So a private sector consortium, including the British Parking Association, is now working on developing a long term, presumably commercial model. So watch this space, I suppose.

Amy: 9:50

Interesting. Let's quickly touch on council powers more generally. How do they enforce parking?

Ivan: 9:55

In England, it's mostly through something called civil parking enforcement or CPE. This largely replaced police enforcement starting back in 1995, and it's governed by the Traffic Management Act 2004. And

Amy: 10:06

appeals.

Ivan: 10:07

There's an independent traffic tribunal system for appeals. Almost all local authorities in England now have these CPE powers. There's statutory guidance on how they should operate, covering things like a approved devices for issuing tickets, charges, appeals, even uniforms.

Amy: 10:22

Can they ticket for things without yellow lines?

Ivan: 10:24

Yes. Since 2009, they've had the power to issue penalty charge notices, PCNs, for parking next to dropped curbs or too far from the curb, even if it aren't specific signs or lines there. Parking schemes themselves are usually set up through traffic regulation orders or TROs.

Amy: 10:40

What about Scotland and Northern Ireland?

Ivan: 10:42

Scotland has had decriminalized parking enforcement, DPE, since 1997. About 20 21 local authorities have these powers. Others still rely on Police Scotland for enforcement. In Northern Ireland, DPE started in October 2006 and is managed by the Department for Infrastructure.

Amy: 11:03

Are there caps on how much councils can fine you?

Ivan: 11:06

Yes, there are limits. Outside London, the maximum is currently £70, with a 50% discount if you pay quickly. That's set by the Secretary of State for Transport and was last updated in 2022.

Amy: 11:16

And London's different?

Ivan: 11:17

London's higher. The max there is £160. That's set by the London Boroughs and the Mayor, although the Secretary of State can object. Those London charges were updated in April 2025, the first time since 2011, actually. Charges can also vary depending on how serious the contravention is or how congested the area is.

Amy: 11:33

Do councils actually make a profit from parking?

Ivan: 11:35

Well, figures from the AA suggested that English local authorities made a combined profit or surplus of $962.3 million in the 2020-23 financial year. That was a big jump from $317.6 million the year before.

Amy: 11:49

Wow. What are they allowed to spend that surplus on?

Ivan: 11:52

There are quite strict rules, actually, under Section 55 of the Road Traffic Regulation Act 1984. This applies in England, Wales, and Scotland. Councils have to keep separate accounts of parking income and spending. Any deficit has to be covered by their general fund.

Amy: 12:06

And surpluses.

Ivan: 12:07

Surpluses can be carried over, but can only be used for specific things. Covering parking deficits from the last four years, providing or maintaining off-street parking, and, crucially, other transport-related projects like road improvements or public transport subsidies.

Amy: 12:22

So they can't just use it for anything?

Ivan: 12:24

No. A court case, Atfield v. Barnett in 2013, clarified that councils shouldn't set parking charges solely with the aim of raising a surplus for general transport funds. It has to be linked to managing traffic and parking itself. Scotland also requires an annual report on how surpluses will be used.

Amy: 12:42

And Northern Ireland.

Ivan: 12:43

In Northern Ireland, the revenue just contributes to the overall funding for the Department for Infrastructure.

Amy: 12:48

What about that supposed 10-minute grace period? Is that real?

Ivan: 12:51

Yes, it is, but only on public land in England. It came in back in April 2015.

Amy: 12:57

How does it work?

Ivan: 12:58

It applies to designated parking places on street or off street, whether they're paid for or free, as long as they're covered by a traffic order. Basically, you get an extra 10 minutes after your permitted parking time expires before they can legally issue a ticket.

Amy: 13:12

So if my ticket runs out at 1 p.m., I can't get a fine until 1.11 p.m.?

Ivan: 13:17

That's the idea. Issuing a penalty during that 10-minute grace period is illegal. However, this only applies if you were parked lawfully to begin with. If you parked without paying at all or in a restricted bay, the grace period doesn't help you.

Amy: 13:30

Does this apply everywhere in the UK?

Ivan: 13:32

No. Northern Ireland has a similar 10-minute grace period, but there's currently no statutory grace period in Scotland or Wales.

Amy: 13:40

Okay, let's talk about pavement parking in England. Is it actually illegal?

Ivan: 13:43

This causes a lot of confusion. There's currently no national ban on pavement parking itself, meaning parking with one or more wheels up on the pavement or general on-street parking in England. It's not automatically a criminal offense.

Amy: 13:56

Except in London.

Ivan: 13:57

Except in London, where it is banned. And also nationally, for heavy goods vehicles, HGVs. However, actually driving onto the pavement is a criminal offense under the Highways Act 1835, but that's enforced by the police, not councils usually. And obstruction. Causing an obstruction of the highway is also a criminal offense, again, usually dealt with by the police. There's been concern about the clarity of who enforces what the local authorities or the police. The government said back in 2020 it would try to promote better understanding of responsibilities. Some areas have agreements, MOUs, between councils and police on how they handle it.

Amy: 14:32

So councils can't ticket for pavement parking outside London?

Ivan: 14:35

Not for the act of parking on the pavement itself, unless there's a specific local traffic regulation order banning it on that street. A Transport Committee report in 2019 actually recommended creating a specific decriminalized pavement parking offense that local authorities could enforce.

Amy: 14:52

What happened with that?

Ivan: 14:53

The government consulted on it in 2020, looking at three options. But there was no formal response published before the 2024 general election. As of April 2025, the government was still considering those consultation responses.

Amy: 15:07

You mentioned obstruction. What actually counts as obstruction legally?

Ivan: 15:10

Well... Parking across someone's driveway or blocking a pavement can constitute obstruction under various laws like the Highways Act 1980 or the Town Police Clauses Act 1847. But the definition of what constitutes an unlawful obstruction, especially on a pavement, is quite unclear in law. Often, proving intent is key for the existing criminal offenses.

Amy: 15:31

So it's a gray area.

Ivan: 15:32

Very much so. The Transport Committee also recommended a clearer definition back in 2019. The government partially agreed, but noted the challenges in defining unnecessary obstruction in a way that works in all situations.

Amy: 15:44

So is the UK government likely to actually ban pavement parking across England?

Ivan: 15:49

It's been debated since at least 2015. As I said, the 2020 consultation looked at three options. Improving the current system of local bans, giving counties But no decision

Amy: 16:04

yet.

Ivan: 16:05

No government response before the election. The current position as of April 2025 was that they were considering the responses and would announce next steps in due course. So still uncertain for England.

Amy: 16:16

What's the situation in Scotland? Have they banned it?

Ivan: 16:19

Yes, they have. A ban on pavement parking, double parking and parking in dropped curves came into force under the Transport Scotland Act 2019 and related regulations.

Amy: 16:28

When did that start?

Ivan: 16:29

Enforcement powers were given to local authorities who could also create exemptions in certain areas. Enforcement officially began on December 11th, 2023. The fine is £100, reduced to £50 if paid within 14 days. Edinburgh Council started actively enforcing it from January 29th, 2024. And when?

Amy: 16:46

Wales, are they following Scotland?

Ivan: 16:48

The Welsh government has indicated it intends to introduce restrictions. They initially planned primary legislation, but then shifted towards using secondary legislation, basically adding pavement obstruction to the list of things councils can enforce under this Traffic Management Act 2004.

Amy: 17:05

Is there a date for that?

Ivan: 17:06

They accepted the plan back in October 2020 and aimed for legislation by the end of 2023. However, it got delayed. First, they said consultation would be in 2024 due to focus on other transport changes like the 24-hour limits. Then, in November 2024, another delay was announced, potentially to align with whatever the UK government eventually decides for England. So it's planned, but delayed.

Amy: 17:28

And Northern Ireland, any pavement parking ban there?

Ivan: 17:31

A limited ban came into effect on November 3rd, 2023. This followed a consultation they held. It prohibits parking wholly or partly on a footway, but only at specific locations like bus lanes, bus stops, cycle lanes, and school keep clear markings.

Amy: 17:45

Okay, another common frustration, someone parking across your driveway. Is that illegal?

Ivan: 17:50

It depends. In England, Scotland, and Wales, if there are existing local authority parking restrictions in place, yellow lines, signs, resident permits, then parking across a dropped footway, providing vehicle access is usually a civil offense. The council can issue a ticket and potentially remove the vehicle.

Amy: 18:09

What if there are no lines or signs?

Ivan: 18:11

Then it might be criminal obstruction under the Road Traffic Regulation Act 1984. The police have powers to require obstructing vehicles to be moved. But as we said, there's no clear statutory definition of obstruction. It's often down to police discretion based on the circumstances. Some police forces might only intervene if a car is actually blocked in the driveway rather than just preventing access to it.

Amy: 18:32

And Northern Ireland's rule?

Ivan: 18:34

In Northern Ireland, it is an offense to park across a dropped curb that's meant for vehicle access under the roads, restriction of waiting order. The Police Service of Northern Ireland, PSNI, has powers to deal with that.

Amy: 18:45

What about people putting bins or cones out to reserve a parking spot outside their house?

Ivan: 18:51

Ah, yes, the homemade parking reservation. That's a definite no-no. It's an offense throughout the UK.

Amy: 18:55

Really? What law covers that?

Ivan: 18:57

In England and way Section 148 of the Highways Act 1980 prohibits depositing anything on a highway that interrupts users without lawful authority. That carries a maximum fine of £1,000. Local authorities can also demand the removal of such objects.

Amy: 19:12

Scotland and Northern Ireland.

Ivan: 19:14

Similar rules. Scotland's Roads Act 1984 prohibits obstructing or endangering road users with a max fine of £500. Northern Ireland's Roads Order 1993 prohibits intentionally or negligently obstructing a road also with a £500 fine. So no, you can't legally reserve your spot with a wheelie bin.

Amy: 19:33

Good to clarify. If you do get a parking ticket, council or private, how do you appeal it?

Ivan: 19:38

The process is broadly similar across the UK. The ticket itself, the PCN, should detail the specific appeal process. The first step is always to challenge it with the issuer, the council or the private company.

Amy: 19:48

What if they reject your challenge?

Ivan: 19:49

If your initial challenge is rejected, you can then appeal to an independent body. In England and Wales, outside London, that's the Traffic Penalty Tribunal. In London, it's London Tribunals. Scotland has the Scottish Parking Appeals Service. And Northern Ireland has its own Traffic Penalty Tribunal.

Amy: 20:07

Where can people get help with this?

Ivan: 20:09

The Citizens Advice website has good general information on appealing parking tickets. The Commons Library briefing, SN03207, which is about finding legal help, might also be useful.

Amy: 20:20

What about parking near a road junction? Is there a specific distance you have to leave?

Ivan: 20:24

This is another common question. In England, Scotland, and Wales, there's actually no specific law that prohibits parking right near a junction unless there are lines or signs saying otherwise.

Amy: 20:35

But isn't it dangerous?

Ivan: 20:36

Well, Section 22 of the Road Traffic Act, 1988, makes it an offense to leave a vehicle in a dangerous position. And the Highway Code Exactly. The rule uses advisory wording, should not, not mandatory wording, must not. So while it's bad practice and potentially dangerous, you won't automatically get a council ticket just for parking within 10 meters, unless you're also violating a specific parking restriction, like double yellow lines.

Amy: 21:16

How about Northern Ireland?

Ivan: 21:17

Northern Ireland is slightly different. Parking on double yellow lines within 15 meters of a junction is specifically not allowed, and you can get a PCN for that. However, traffic attendants there can't enforce the 15 meter rule if there aren't double yellows present, though the police might still take action if it's considered dangerous or an obstruction.

Amy: 21:35

With electric vehicles becoming more common, can you get a dedicated EV charging parking space outside your house?

Ivan: 21:41

Currently, there's no legal provision that guarantees an exclusive on-street EV charging space right outside your property. Many publicly accessible on-street charge points don't actually have enforced parking restrictions, meaning any vehicle, electric or not, could potentially park there.

Amy: 21:57

Can councils designate spaces?

Ivan: 22:00

Yes. A local authority can use a traffic regulation order, a TRO, to designate a specific parking bay as EV charging only or EV only. If they do that, then parking a non-electric vehicle there would be a contravention, and they could enforce it. There's more detail in the library briefing CBP 7480 on electric vehicles.

Amy: 22:21

Let's swing back to private parking companies. Are they actually regulated?

Ivan: 22:24

Not directly by statute in the same way councils are. However, in England and Wales, to hold the registered keeper liable for a parking charge, rather than having to prove who was driving, companies must comply with the relevant conditions of the Protection of Freedoms Act 2012, known as PIOFA. P.O. if it doesn't apply in Scotland or Northern Ireland though.

Amy: 22:47

What about a code of practice?

Ivan: 22:48

There have been plans for a statutory government mandated code of practice for England, Scotland and Wales. This came from the Parking Code of Practice Act 2019. The aim was to regulate things like charge levels, signage requirements and the appeals process, with the ultimate sanction being that noncompliant companies could lose their access to DVLA data.

Amy: 23:06

So is that code in place now?

Ivan: 23:08

No, it's been a long saga. Currently, the main oversight is that companies must belong to one of the accredited trade associations, the BPA or IPC, to DVLA data. These associations have their own codes of practice.

Amy: 23:21

Is there a single industry code now?

Ivan: 23:23

Yes. The BPA and IPC jointly launched a single code of practice for the private parking sector in October 2024. It is largely based on the Withdrawn Government Code and covers things like charges and signage. You can report breaches of this code to the relevant ATA. Extreme breaches could lead to a company losing its membership and, therefore, its ability to pursue keepers via the DVLA.

Amy: 23:46

So is the government still planning to regulate these cowboy parking firms, as they're sometimes called?

Ivan: 23:50

The intention is still there, yes, via that statutory code of practice under the 2019 Act with the powerful sanction of DVLA access removal. But the timeline for actually implementing it is unknown. A consultation was planned as of April 2025. Why

Amy: 24:04

the delay?

Ivan: 24:05

The original government code was published in February 2022, but then withdrawn in June 2022 following legal challenges, primarily concerning the proposed caps on charges and fees. A call for evidence was held in 2023, but again, no government response before the 2024 election. So it's still up in the air.

Amy: 24:22

Are there currently any caps on private parking charges?

Ivan: 24:25

Not statutory caps, no. The withdrawn government code did propose maximum charges, generally 50 pounds to 70 pounds outside London and Wales, 80 pounds to 130 pounds in London, and slightly lower in Scotland, with higher charges allowed for abusing Blue Badge base.

Amy: 24:40

What does the current industry code say?

Ivan: 24:43

The single code from October 2024 states the parking charge should normally be a maximum of £100. It also recommends a 40% discount for payment within 14 days and allows for up to £70 in additional fees for late payment collection.

Amy: 24:56

Has this been tested in court?

Ivan: 24:58

The most famous case is Parking Eye v. Beavis in 2015. The Supreme Court found that an $85 charge for overstaying by nearly an hour in a free retail car park was fair, reasonable, and enforceable in that specific context, not extravagant or unconscionable.

Amy: 25:13

How do you appeal a private parking ticket then? Is it the same as a council one?

Ivan: 25:17

The first step is the same. Challenge it with the issuer, the parking company, following the process on the notice. If they reject it, you can appeal to an independent appeals body. For IPC members, it's the Independent Appeals Service, IAS. For BPA members, it's Parking on Private Land Appeals, FIPE LA.

Amy: 25:36

Are those appeal decisions binding?

Ivan: 25:39

Importantly, the decisions of IAS and POPLA are binding on the parking company, but not on the motorist. So if you lose the independent appeal but still refuse to pay, the parking company's next step would be to try and pursue the debt through the civil courts.

Amy: 25:53

So ignoring private tickets is risky?

Ivan: 25:55

It can be, yes. Citizens Advice strongly advises against just ignoring them. While clamping isn't generally allowed in England, Wales, or Scotland for unpaid private tickets, it is possible in Northern Ireland. Ultimately, the decision to pay challenge, or ignore is an individual one, and getting legal advice might be sensible. Our library briefing, Legal Help, has pointers.

Amy: 26:17

Does it matter if you weren't the driver in Scotland or NI?

Ivan: 26:19

Potentially, yes. Since keeper liability under POFA 2012 doesn't apply in Scotland or Northern Ireland, if you were the registered keeper but not the driver at the time, that can be a valid ground for appeal.

Amy: 26:32

What happens if you pay the penalty charge first and then try to appeal?

Ivan: 26:36

That likely reduces your chances of a successful appeal significantly. Paying the charge is often interpreted as accepting liability for the contravention.

Amy: 26:44

What do the appeal bodies say?

Ivan: 26:46

The IAS, for ITC members, advises not to pay if you intend to appeal. Their FAQs state that payment prevents an appeal. for BPA members give similar advice. If you really want to pay first, maybe to avoid increased charges, you could try contacting the operator directly, but any appeal then would likely be at their discretion. You could potentially still try to recover the money through court action after paying, but that's complex and you definitely want legal advice first.

Amy: 27:13

Does that 10-minute grace period we talked about apply on private land too?

Ivan: 27:17

There's no statutory requirement for it on private land, unlike on public land in England and Northern Ireland. However, the private parking sector's single code of practice from October 2024 does recommend that operators provide a 10-minute grace period at the end of the parking session before issuing a charge for overstaying.

Amy: 27:35

Were there exceptions?

Ivan: 27:36

Yes. The code suggests this shouldn't apply to very short stays, like under 30 minutes. It also notes that a longer grace period might be appropriate for disabled drivers. The withdrawn statutory code also included mentions of a grace period and also a consideration period time allowed on entry to find a space and read the terms before deciding to park or leave. The single code mentions this consideration period, too.

Amy: 27:59

What about parking enforcement on private or unadopted roads, the ones not maintained by the council?

Ivan: 28:05

Ah, yes, unadopted roads. These are roads not maintained at public expense. The responsibility usually lies with the owners of the properties fronting onto the road, the frontagers. The law The law surrounding parking on these roads is quite complex. It depends heavily on the specific nature of the road and any rights of way or easements that have been granted over it.

Amy: 28:24

So general rules don't apply.

Ivan: 28:26

Most parking offenses we've discussed relate to the public highway. Most private roads are not legally classified as highways. So it's very difficult to give general advice. You'd really need professional legal advice based on the specific circumstances of that road. The library briefing CBP 402 specifically covers private or unadopted roads in England OK,

Amy: 28:47

nearly there. Two more areas. Disabled parking and parent-child spaces. Can you use a UK blue badge in the EU now?

Ivan: 28:54

The situation is based on reciprocal agreements. The UK has an informal agreement for recognizing EU disabled parking cards for visitors to the UK. Some, but not all, EU and European Economic Area countries reciprocate and recognize UK blue badges. It's not mandatory for them.

Amy: 29:10

How do you know which countries recognize it?

Ivan: 29:12

The Department for Transport maintains a list on the gov.uk website showing which countries participate. For some countries, they recommend printing out an extra notice in the local language to display alongside your badge. Switzerland and Norway also recognize the standard EU format badge, which the UK blue badge conforms to. The library briefing, Blue Badges and Parking for Disabled People, has more on this.

Amy: 29:37

Can you get a disabled parking space marked outside your home?

Ivan: 29:40

In England, Scotland, and Wales, it's up to the local authority. They can create disabled bays near a resident's home if certain criteria are met. These can be either statutory spaces, which are legally enforceable through a TRO, meaning it's an offense for anyone without a blue badge to park there, or advisory spaces, which are marked out but not legally enforceable.

Amy: 29:59

Do you have to pay for it?

Ivan: 30:01

The council may charge the disabled person for the cost of marking out and installing the bay. You typically apply through the council's website.

Amy: 30:07

Does equality law require councils to provide them?

Ivan: 30:10

The Equality Act 2010 doesn't create a specific requirement for parking provision. However, public bodies must not discriminate and have a public sector equality duty to consider how their decisions affect equality of opportunity for disabled people. This might involve doing equality impact assessments for parking policies. Individuals can seek advice from the Equality Advisory and Support Service, ESS.

Amy: 30:33

Is Scotland different?

Ivan: 30:35

Scotland has the Disabled Persons Parking Places Act 2009, which aimed to make all disabled street parking bays legally enforceable. It placed a duty on councils to review existing advisory bays and either remove them or make them statutory. Transport Scotland monitors this. It also encourages enforceable advisory bays in off-street car parks.

Amy: 30:55

And Northern Ireland.

Ivan: 30:56

In Northern Ireland, the Department for Infrastructure's Road Service can create disabled bays through traffic regulation orders. There's an application process and specific criteria outlined in their policy guide. Individuals apply directly to the DFI.

Amy: 31:09

Are there standard sizes for disabled parking spaces?

Ivan: 31:12

The government provides guidance, yes. For on-street statutory bays, the Traffic Science Manual suggests parallel bays should be at least 6.6 meters long by 2.7 meters wide. Angled bays should be 4.2 meters long by 3.6 meters wide.

Amy: 31:26

And off-street, like in supermarket car parks.

Ivan: 31:29

For off-street bays, the DFT's Inclusive Mobility Guidance advises they should be at least 4.8 meters long by 2.4 meters wide, with an additional hatched area of 1.2 meters width on each side for access, which can be shared between adjacent bays. If it's end-on, they recommend an extra 1.2 meters to the back for rear hoist access. Parallel bays should have a 1.8 meter access zone alongside Finally,

Amy: 31:55

what about designated parking for pregnant women or parents with children?

Ivan: 31:59

There are no statutory parking provisions specifically for pregnant women. Being pregnant doesn't automatically entitle someone to a blue badge, although severe mobility issues related to pregnancy might qualify in some cases.

Amy: 32:09

Can councils create spaces?

Ivan: 32:11

A government minister suggested in January 2025 a possible, maybe slightly unconventional, workaround. Councils could theoretically create permit holder bays, using a TRO, and then issue permits only to pregnant women or parents with young children living locally. But they'd need to justify it and publicize it clearly. It's not a standard thing.

Amy: 32:32

What about those parent and child spaces in supermarket car parks?

Ivan: 32:36

Those are usually found in off-street private car parks. They're generally advisory spaces with no specific statutory basis. Enforcement relies on the car park operator's terms and conditions displayed on signage. The RAC has an article discussing the etiquette and potential enforcement of these bays.

Amy: 32:54

That covers a lot of ground. Thanks for clarifying all that.

Ivan: 32:56

Hopefully it helps navigate the sometimes confusing world of parking rules.

Amy: 33:00

As always, find us on social media at BenchReportUK. Get in touch with any topic important to

Ivan: 33:05

you. Remember, politics is everyone's business. Take care.