Navigating Parking Charges: Your Guide

Receiving a parking charge notice, often referred to as a 'ticket' or 'PCN' (Penalty Charge Notice), can be a bewildering and often stressful experience. Many drivers find themselves unsure of the process, their rights, and who to contact. A common point of confusion is the role of the British Parking Association (BPA). This article aims to demystify the process, clarify the BPA's position, and guide you through the steps you can take if you've been issued a parking charge.

Understanding the British Parking Association (BPA)

It's crucial to understand that the British Parking Association (BPA) is a membership organisation and an Accredited Trade Association. They are not a regulatory body that issues parking charges directly. Instead, they set standards and provide a framework for parking operators to follow through their Approved Operator Scheme (AOS). Members of the AOS are expected to adhere to the BPA's Code of Practice. This distinction is vital: the BPA itself does not manage parking enforcement, issue parking charges, or hear individual appeals.

What is a Parking Charge?

A parking charge is typically issued by a private parking operator for an alleged breach of the terms and conditions of parking on private land. This could be due to overstaying a time limit, parking in a restricted area, or failing to pay the correct parking fee. The specifics of the charge and the reasons for its issuance will be detailed on the notice itself.

Your First Steps: The Parking Charge Notice

When you receive a parking charge, the first and most important step is to carefully read the notice. It will contain vital information, including:

• The date and time of the alleged contravention.
• The location of the contravention.
• The amount of the parking charge.
• Details of any discounts for early payment.
• The deadline for payment.
• Instructions on how to appeal the charge.
• The name of the parking operator.

The notice will also usually indicate whether the parking operator is part of the BPA's Approved Operator Scheme. If they are, they are bound by the BPA's Code of Practice.

Appealing a Parking Charge: Your Rights

You have the right to appeal a parking charge. The process for appealing will be clearly outlined on the charge notice, often on the second page. Generally, you will have 28 days from the date the charge was issued to submit an appeal. It is important to note that a late appeal might be accepted if there are exceptional circumstances, but this is at the operator's discretion.

How to Appeal

Your appeal should be made directly to the parking operator who issued the charge. Clearly state your reasons for appealing and provide any supporting evidence you may have. This could include:

• Photographs of signage or your vehicle's position.
• Receipts for payment.
• Witness statements.
• Proof of breakdown or emergency.

Keep copies of all correspondence and evidence for your records.

What if Your Appeal is Rejected?

If your initial appeal to the parking operator is unsuccessful, you may have the option to appeal to an independent appeals service. For BPA Approved Operators, this service is typically POPLA (Parking on Private Land Appeals). Your appeal rejection letter should provide details on how to proceed with a POPLA appeal, including a unique verification code. You usually have 28 days from the date of the appeal response to submit your POPLA appeal.

POPLA Appeals

POPLA is an independent body that considers appeals against parking charges issued on private land by operators who are members of the BPA's Approved Operator Scheme. They assess the evidence from both you and the parking operator to make a decision.

Key Scenarios and How to Handle Them

1. Keying Errors When Paying for Parking

Mistakes happen, and sometimes a simple typing error can lead to a parking charge. The BPA defines:

• Major Keying Error: More than one digit/number is incorrect, or letters are wrong/missing, or the wrong registration is entered. In such cases, on appeal, the charge may be reduced to £20.00.
• Minor Keying Error: Only one digit/number is incorrect (e.g., confusing '0' with 'o', 'I' with 'L', or '1' with 'I'). On appeal, these are typically cancelled.

If you believe a keying error was made, follow the appeal process outlined on your parking charge notice.

2. Vehicle Registration Mark (VRM) Cloning

If you suspect your vehicle's registration number has been cloned (used fraudulently on another vehicle), you should report this to the police. Obtain a crime reference number. Then, inform the parking operator of the VRM cloning via their appeals process, providing the crime reference number and any other supporting evidence. This is a serious matter that requires prompt action.

3. Not Receiving a Response to Your Appeal

If you haven't received a response to your appeal within the stipulated 28-day timeframe, you should first contact the operator to request a copy of their response. If the operator fails to provide this, you can then submit a complaint to the BPA. You will need to provide evidence of your original appeal and the operator's failure to respond.

4. Receiving a Debt Resolution Letter Without the Initial Charge

If you receive a letter from a debt resolution company stating you owe money for a parking charge, but you never received the initial notice, contact the issuing parking operator directly. Request a copy of the original parking charge. If the operator cannot provide it, you can then lodge a complaint with the BPA, including copies of your correspondence with the operator.

5. Old Address Registered with DVLA

If your parking charge was sent by post to an old address because your V5C document (vehicle registration certificate) was not updated with DVLA, it's crucial to update your details with the DVLA immediately. While the parking operator is not obligated to consider an appeal outside the initial 28-day timeframe in such cases, communicating the situation with evidence might still be considered.

6. Parking Charge Issued by a Local Authority/Council

It's important to distinguish between parking charges issued by private parking operators and Penalty Charge Notices (PCNs) issued by local authorities or councils. The BPA's Code of Practice and the POPLA appeals service only apply to private land. If your PCN was issued by a council, you must contact the relevant local authority directly to appeal.

How the BPA Can Help (and When They Can't)

The BPA can become involved if a parking operator, who is a member of their Approved Operator Scheme, has breached the BPA's Code of Practice, and you have already exhausted the operator's own complaints procedure. In such cases, you can submit a complaint to the BPA, providing evidence of the breach and the outcome of your complaint to the operator.

When the BPA Cannot Help

Remember, the BPA cannot:

• Issue or cancel parking charges.
• Resolve individual parking disputes.
• Hear or mediate appeals.
• Get involved if the parking operator is not a BPA Approved Operator.

Before submitting a complaint to the BPA, always ensure you have followed the operator's complaints procedure and that the operator is indeed a BPA member. You can check the list of BPA Approved Operators on their website.

Parking Charge Amounts and Timeframes

The amount of a parking charge can vary but typically does not exceed £100.00. A discount of at least 40% is usually offered for payment within the first 14 days. If you appeal within this discount period and your appeal is rejected, the discounted rate should still be honoured. If an appeal is made to POPLA, the discounted amount is usually forfeited, and the full charge becomes payable if the appeal is lost.

After 28 days, if the charge remains unpaid, it may be passed to a debt resolution operator, and additional charges (up to £70.00) may be added. It's also worth noting that unless the charge references Schedule 4 of the Protection of Freedoms Act 2012, parking operators have up to 7 months to issue a parking charge.

Contacting the BPA

If you need to contact the BPA for reasons related to a breach of their Code of Practice or a general enquiry about the association, you can do so via their website or by post. Their contact details are:

British Parking Association
Chelsea House
8-14 The Broadway
Haywards Heath
West Sussex
RH16 3AH

Email: [email protected]

Opening hours are Monday to Friday, 9:00 AM to 5:00 PM.

Summary Table: BPA vs. Parking Operator

Frequently Asked Questions

Q1: Can the BPA cancel my parking ticket?

No, the BPA cannot cancel parking tickets. This must be done by the parking operator who issued it, or through the independent appeals service (POPLA) if your initial appeal is rejected.

Q2: I think the parking charge is unfair. What should I do?

You should appeal the charge directly to the parking operator, providing any evidence to support your case. If your appeal is rejected, you can then consider appealing to POPLA if the operator is a BPA Approved Operator.

Q3: How do I find out if the parking operator is a BPA member?

You can usually find this information on the parking charge notice itself, or by checking the list of BPA Approved Operators on the British Parking Association's official website.

Q4: What is POPLA?

POPLA (Parking on Private Land Appeals) is an independent service that handles appeals against parking charges issued by members of the BPA's Approved Operator Scheme. It provides an impartial review of your case.

Q5: The BPA sent me a letter about a parking charge. Is this correct?

It is highly unlikely that the BPA would directly contact you about a specific parking charge unless it pertains to a formal complaint you have lodged with them regarding a breach of their Code of Practice by an operator. Always check the source of correspondence carefully.

Navigating the world of parking charges can be complex, but by understanding the roles of the different parties involved and knowing your rights, you can approach the situation with more confidence. Always read your notices carefully, keep good records, and follow the correct procedures for appeals and complaints.