Private Parking Code of Practice

Baroness Taylor of Stevenage Excerpts

Thursday 14th September 2023 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

My Lords, I thank my noble friend Lord Lipsey for a very timely debate—which reminds us that this important issue is still outstanding business—and for his very colourful introduction. As ever, I thank our Library for the thorough and helpful briefing on this subject. As a council leader until very recently, I am afraid that parking is one of the subjects guaranteed to make my blood run cold and the mention of double or single yellow lines by the noble Lord, Lord Leigh, did nothing to help that feeling.

Of course, the difference between local authority parking proposals and those from the private sector is that local authority-run schemes generally recycle both the parking charges and the fines for breaching them to improve the local area. But whether parking schemes are operated by local authorities or the private sector, they have a tricky balance to strike between ensuring that parking is available and managed well, keeping our roads passable and having reasonable enforcement processes that will dissuade irresponsible parking.

The code was introduced to tackle some of the very sharp practices of some operators that were becoming notorious as their operations expanded. The figures for the proliferation of private parking schemes are eye-watering, as are the increases in the number of tickets issued. Parking fees amounted to an estimated £2.62 billion in 2021-22, a figure which has doubled since 2017-18, so the companies’ plea of poverty has a bit of hollow ring. There were 8.6 million parking tickets issued last year—about 23,000 a day.

The introduction of the code in 2022 was widely welcomed by motorists and the organisations representing them. It enshrined the common-sense practices and transparency that they wanted to see and was a relatively modest ask of the private parking sector. Who would not want to see better signage and marking, clarity on ticketing and payment, clarity on how unpaid charges are dealt with and the level of fines, and professional standards about complaints handling? When the code was “temporarily” withdrawn following legal challenges in June 2022, the Government undertook to carry out the impact assessment and consultation that was needed before Summer Recess this year.

When the code was withdrawn, a DfT spokesperson said:

“We’re determined to end rip-off parking practices, and it’s very disappointing that … the parking industry are resisting this”.


However, now we discover that, far from the code being reintroduced in July 2023, the call for evidence was issued only on 30 July—a year after the code had been withdrawn—with a closure date of 8 October, and that needs to be followed by the impact assessment. What is the reason for a delay of a whole year?

One of the complaints of the parking industry was that the introduction of the code would result in the loss of over 3,000 jobs. Can the Minister tell us whether the department has asked to see the workings of this assertion? Has it carried out its own assessment of how accurate that is? My noble friend Lord Sahota raised the point that much of the monitoring and operations are now carried out using electronic surveillance, so can we get clarify whether the 3,000 jobs figure is accurate? Can the Minister reassure motorists that the Government still intend to deal with all issues arising from the previous practices of private parking companies by the use of a strong code of practice combined with enforceable measures on those companies which do not comply?

It seems that some elements in the private parking industry have been unwilling to use, as they could have done, all or part of the code as a set of voluntary guidelines during its suspension. That might have helped convince us of their willingness to adapt to some consumer pressure in this area. They have taken the suspension as an opportunity to carry on just as they were or—as in the worrying case set out by the noble Baroness, Lady Randerson—have actually got worse. Can the Minister tell us how we can support motorists to know where they are with private parking fines, as so many people are now having to carry out their own appeals on matters that would have been covered were the code in place? How quickly do the Government expect to be able to carry out the impact assessment after the call for evidence closes? I suppose the key question here is: just when do we expect to be able to reintroduce this important code of practice?

Nicholas Lyes, the RAC’s head of roads policy, said when the code was withdrawn:

“The fact that parking companies take issue with the capping of charge notices and debt recovery fees shows precisely why both the code and the cap are needed. For too long, some companies have been allowed to prey mercilessly on drivers who might make an honest mistake and then have to face both over-zealous enforcement and threatening debt recovery letters. The Government must stand up to these companies and get the code over the line so we finally have fair and transparent enforcement in the private parking sector”.


His comments were very much supported by the fellow organisation, the AA.

While none of us has any sympathy with irresponsible, inconsiderate or dangerous parking, too often we are not talking about any of those. The latest case I heard was of someone who stopped at a local shopping centre—it was in Flitwick, which might indicate why they were there—which had a pub restaurant, for a lunchtime meal. The pub was very busy and took so long to serve them that they eventually cancelled their order and left the car park just five minutes after the allotted parking time. Incidentally, it was so badly signed that the complainant had not been able to find any sign indicating the parking restrictions. Just a few days later, they received a fine of £100 from the private parking company. It is no wonder people get infuriated.

Please can we get this code back in place as quickly as possible to ensure that private parking is fair and transparent to motorists?