PARKING TICKETSParking ‘on-street’ (double yellow lines, parking meters etc), and car parks controlled by Local Authorities are very strictly regulated and legislated, by the Road Traffic Regulation Act 1984, the Road Traffic Act 1991 and the Traffic Management Act 2004. This is not the same for parking on private land (in retail parks, Multi Storey Car Parks etc) where there is no legislation, except for the Law of Contract. To address this issue, the BPA has issued a Code of Practice to self regulate its members and to provide a framework within the industry can operate. This information sheet will explain some of the issues arising from this new industry.

When might an ‘off street’ parking ticket be issued?

A landowner may choose to issue, or to employ an operator to issue parking tickets to vehicles that are in breach of the rules that have been set down for parking on that specific piece of land.

What legislation regulates the issue of these tickets?Tickets are issued under the Law of Contract. When a vehicle parks on a private car park, a contract is implicitly formed with the operator whereby the driver of the vehicle agrees to abide by the Terms and Conditions set out for parking in that area.If those Terms and Conditions are breached (by overstaying the agreed/purchased time on the token for parking for example), then a parking ticket may be issued by the operator.

Will I always receive a ticket if I break the Terms and Conditions in a car park? New technology called Automatic Number Plate Recognition (ANPR) cameras is being used in some car parks now. This involves the placement of a camera at the entrance, and also at the exit to the car park. The camera will take a photograph of a vehicle, matching it with the time it enters the car park, and also a photograph of that vehicle, matching it

with the time it leaves the car park. If that vehicle has overstayed the agreed parking duration, then a ticket will be issued to the keeper of the vehicle.

I am a ‘Blue Badge’ holder: surely my vehicle will not be ticketed?The legislation for ticketing of a vehicle belonging to a registered disabled person is different for parking on private land. Blue badge holders are still subject to the same Terms and Conditions as other users of the car parks, but are allocated priority parking spaces within the car park. However the BPA recommends that each contractor develops a policy with the landowner that deals with these issues in a sensitive way, giving due regard to a person’s disability.

So how do they get my home details to send any requests for payment?If you have breached the Terms and Conditions of your parking contract with the operator, they will take down the details of your vehicle (make, model, registration no). With this information the operator will apply to the Driver and Vehicle Licensing Agency (DVLA) for the details of the registered keeper of the vehicle.

Are they allowed to do this?Provided they are registered with the Information Commissioner, in breaking the Terms and Conditions of the parking contract, the operator has ‘Reasonable Cause’ to apply for keeper details of the vehicle.

The British Parking Association. Stuart House, 41-43 Perrymount Road, Haywards Heath, West Sussex RH16 3BNTel: +44 (0) 1444 447300 Fax: +44 (0) 1444 454105 info@britishparking.co.uk www.britishparking.co.uk

I have a complaint about a ticketing operator: what can I do ?

You must go through the Appeals Process as set down by the operator on the signage in that car park. As a membership organisation, the BPA does not become involved in individual enforcement cases. However the Association does take a particular interest in promoting best practice in the parking industry and are concerned when our attention is drawn to incidents which may not reflect this.

At the present time, all complaints received by the BPA against its members are logged. (Complaints will only be dealt with in writing or by e-mail to the addresses below) If there is a breach of our Code of Practice, the complaint is passed to them for review, comment and further action where appropriate. Any action taken by the BPA against a member is based on facts relating to our Code of Professional Conduct and our Code of Practice (available on our website below).  If there is a case to answer then a full investigation and appropriate action will be taken which may – in extreme cases result in suspension or termination of BPA Membership.

What if they aren’t members of BPA?If the operator is not a member of the Association, then our influence is more limited. If it is pertinent, the Association will contact the operator and point out any activities that are in breach of the Code of Practice, and recommend that the operator joins the Association.