If you are stuck in such a situation, here is what to do.

Mr. Spencer recently shared his frustrating experience after parking at a facility managed by “SecurePark UK”. He used their designated mobile application to pay for a four-hour parking session shortly after arriving. The car park’s Automatic Number Plate Recognition (ANPR) system recorded his total time on site as four hours and sixteen minutes. Consequently, SecurePark UK issued him a Parking Charge Notice for £90, alleging he had overstayed his paid time.

Here is a breakdown of the events:

• Mr. Spencer entered the car park at 10:15 AM.
• He spent approximately seven minutes finding a bay, reading the terms on the signage, downloading the required app, and completing the payment at 10:22 AM.
• He paid for a four-hour session, which covered him until 2:22 PM.
• He exited the car park at 2:31 PM, which was nine minutes after his paid-for parking period had concluded.

Mr. Spencer appealed to SecurePark UK, explaining that he had paid for his intended duration and had acted in good faith. He pointed out that he left within the ten-minute grace period, a standard practice under the industry’s code of conduct. His appeal was rejected. He then escalated the matter to the Independent Adjudication Panel for Parking (IAPP), the relevant appeals body. The IAPP also rejected his appeal, acknowledging that he had paid and that he had left within the ten-minute grace period after his ticket expired. However, they reasoned that the contract was for the entire “duration on site” as captured by the ANPR cameras (from entry to exit), and he should have purchased a ticket covering the full four hours and sixteen minutes, including the time he was actively trying to pay. This has left Mr. Spencer contemplating whether to pay the £90 or challenge the matter if it proceeds to the small claims court.

Advice in such cases

Receiving a Parking Charge Notice (PCN) can be distressing, but it is important to handle it methodically. Do not ignore the notice, as this can lead to increased charges and potential court action. Your first step should be to gather all relevant evidence, such as your payment receipt, bank statements showing the transaction, screenshots from the payment app, and, if possible, photographs of the signage at the car park. It is crucial to understand that a Parking Charge Notice from a private company is different from a Penalty Charge Notice issued by a local authority; the former is an invoice for a breach of contract, while the latter is a statutory penalty.

Applicable Sections of Law

The legal framework for private parking in the UK is governed by contract law and specific industry regulations. Key legal points include:

• Parking (Code of Practice) Act 2019: This Act led to the creation of a new, single Code of Practice for private parking operators. This code mandates a compulsory 10-minute grace period at the end of a paid parking session before a charge can be issued. It also introduces a “consideration period” at the beginning of the stay, allowing drivers time to read the terms and conditions before a contract is formed and payment is required.
• Consumer Rights Act 2015: This Act protects consumers from unfair contract terms. A term requiring payment for the time a driver is actively trying to understand the terms and make a payment could be argued as unfair, as the driver has not yet fully entered into the contract. The signage must be clear, prominent, and unambiguous for a contract to be binding.
• Contract Law Principles: For a parking charge to be enforceable, the operator must demonstrate that a contract was formed and that the driver breached its terms. The terms (i.e., the signage) must be clearly visible and easy to understand upon entering the car park. An argument can be made that the contract for parking begins when payment is made for a specific duration, not at the exact moment of entry recorded by ANPR.

If you are the complainant

In this scenario, the parking company is the complainant. They will argue that the signage clearly states that the parking contract covers the entire period from entry to exit. They rely on their ANPR technology as definitive proof of the duration of the stay and will maintain that the driver agreed to these terms by entering and remaining in the car park. They would state that it is the driver’s responsibility to account for all time spent on site when purchasing their parking time.

If you are the victim

As the recipient of the charge, you should first lodge a formal appeal with the parking operator. In your appeal, you should clearly state the timeline of events, provide your proof of payment, and argue that the time taken to park and pay should not be included in the chargeable period. Emphasise that you exited within the mandatory 10-minute grace period following the expiry of your paid session, as per the industry’s Code of Practice. If this appeal is rejected, you will be given a code to appeal to an independent body like the IAPP. In this second appeal, reiterate your points and specifically reference the protections under the Consumer Rights Act 2015 regarding unfair terms and the provisions of the Parking Code of Practice.

How the police behave in such cases

This is a civil, contractual dispute and not a criminal matter. The police have no jurisdiction and will not get involved. You should not contact the police, nor will the parking company involve them. The issue is between you and the private landowner or their agent (the parking company).

FAQs people normally have

• Can they charge such a high amount? While the Supreme Court case of *ParkingEye v Beavis* [2015] established that charges can be commercially justifiable and act as a deterrent, the new Code of Practice introduced under the 2019 Act aims to cap these charges, typically at £50 in most cases (with some exceptions for London). Charges must be proportionate.
• Will this impact my credit score? A Parking Charge Notice will not affect your credit score. However, if the company takes you to court, wins a judgment against you, and you fail to pay that judgment within the specified time, a County Court Judgment (CCJ) can be registered, which would negatively impact your credit file.
• Is it worth fighting? This is a personal decision. Fighting on principle can be empowering, and many drivers win at the independent appeal stage or have the case dropped before court. However, it requires time and effort. If you lose in small claims court, you will typically only be liable for the original charge plus fixed court and solicitor’s costs, not the company’s large legal fees.

What evidence is required?

To build a strong case, you will need:

• The original Parking Charge Notice.
• Evidence of payment, such as an app confirmation, email receipt, or bank statement.
• A detailed timeline of your arrival, payment, and departure.
• Copies of all your correspondence with the parking company and the independent appeals service.
• If possible, photos of the car park’s signage, especially the terms and conditions.

How long will the investigation take?

The initial appeal to the parking operator can take up to 35 days for a response. An appeal to the independent body may take a further several weeks to be adjudicated. If the matter were to proceed to the small claims court, the entire process could take several months from the date the claim is issued.

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India