Driver Charged £170 for One-Minute Car Park Overstay Despite Grace Period Protections
A driver who overstayed in a car park by just one minute while loading their car has been charged £170 and threatened by debt collectors. This incident raises concerns about the enforcement practices of private parking firms and the protections available to motorists.
According to the Code of Practice for parking, there is a requirement for a minimum consideration period when using pay and display or smaller car parks, set at five minutes, and ten minutes for larger car parks offering the first hour free. Within this consideration period, a minimum grace period of ten minutes should be honored during which no contract is deemed to be formed and a Parking Charge Notice (PCN) should not be issued. In this case, the driver’s overstay fell within the grace period, meaning any appeals against the charge should have been upheld.
Despite these protections, the parking industry remains largely unregulated with few sanctions applied to non-compliant firms. Motorists can pursue appeals through escalation routes such as the Independent Appeals Service (IAS) for members of the International Parking Community or the Parking on Private Land Appeals (POPLA) service for members of the British Parking Association. If both appeal bodies reject the claim, charges should remain at the initial rate until a 14-day payment window elapses before any debt recovery processes begin.
Regarding debt collection, it is important to note that debt collectors have no power to enforce payment. Motorists may ignore initial letters but should respond to any letter before claim to avoid court proceedings. It is advisable to contact the landowner directly to cancel the charge or, if the parking took place in a supermarket, to engage with customer services with the original receipt and obtain written commitments. Collecting evidence and witness statements can strengthen a motorist’s case.
If a case does reach court, the 'de minimis' legal principle suggests that trivial breaches, such as overstaying by one minute, may be dismissed. Typically, the timeline from the issuance of a PCN to referral for debt recovery spans approximately 14 to 15 weeks, which includes the appeal window and response times.
This case highlights both the challenges motorists face with private parking enforcement and the importance of understanding the protective codes and escalation routes available.
