Private parking firms in the UK are under scrutiny for allegedly flouting the law and their own industry code of practice when issuing tickets to drivers, the competition watchdog announced. Investigators from the Competition and Markets Authority (CMA) have identified ruthless practices that could infringe consumer law.
These practices include rejecting appeals that should have been upheld and pursuing drivers for the full ticket amount when it should have been reduced to £20, according to the industry's code of practice. In some instances, enforcement cameras have reportedly started the clock on parking sessions from the moment a vehicle enters a car park, rather than upon payment. This may have infringed motorists' rights to review terms and conditions before payment and led to tickets being issued for not paying within minutes of entering a car park.
Some operators also appear to have added charges, such as debt collection fees, for unpaid tickets within a specific timeframe, which the CMA suggests they may not be entitled to.
Formal Investigation into Euro Car Parks
The CMA has launched a formal investigation into Euro Car Parks, one of the UK's largest private parking firms, focusing on tickets issued to drivers at petrol stations. The investigation will examine the fairness of issuing tickets to drivers queuing for fuel or other services, as well as the company's appeals process. This probe follows concerns over potential non-compliance with consumer law identified in practices across the industry.
Industry-Wide Concerns and Recommendations
In an open letter to the approximately 200 firms operating in the private parking sector, the CMA warned that further investigations could occur. The watchdog noted a rise in tickets issued amid a growth in private parking companies, fueling concerns about "cowboy" practices.
Industry bodies acknowledge the issues. Jack Cousens of The AA stated that some private parking operators have been overzealous and that drivers often pay tickets due to a lack of confidence in the appeals process. Simon Williams, RAC's head of policy, welcomed the CMA's intervention, noting that the watchdog's findings align with long-standing concerns about fairness and consistent outcomes in ticket challenges. He added that the CMA's review of the appeals process has highlighted significant problems requiring attention.
The CMA's review found cases where internal appeals should have resulted in the cancellation or reduction of a ticket if the grounds had been properly considered. The watchdog also noted instances where drivers paid full amounts for tickets that should have been reduced to £20 under the industry code, or where operators sought additional charges they were not entitled to.
These practices, the CMA wrote to operators, could infringe consumer law by falling below the expected standard of care and skill. The authority also observed contract terms that allowed operators to recover additional charges if a consumer failed to pay a Penalty Charge Notice (PCN) within 28 days, potentially leading consumers to pay sums not legally due.
Government Code of Practice
Separately, the CMA has written to ministers with recommendations for a forthcoming Government Code of Practice. This code aims to crack down on problematic operators and clarify the appeals process by placing it on a statutory footing, aiming to improve upon the existing industry code which critics argue is insufficient.
Analysis indicates that drivers in Britain receive approximately 48,000 parking tickets daily from private companies. Emma Cochrane of the CMA emphasized that all private parking operators must comply with consumer law or face enforcement action. The British Parking Association stated its commitment to working with the CMA and considering its findings and recommendations.