Section 7 of the Parking (Code of Practice) Act 2019 gives the Secretary of State the power to appoint a single appeals service to handle appeals against private parking charges. However, as a parking charge is an invoice for an alleged breach of the terms and conditions that applied at that particular time, the Act does not provide the power to cancel parking charges retrospectively.
Additionally, the appeals window for many historic charges would have closed by the time the new appeals system is operating, which would risk court action for motorists with longer standing appeals.
My Department is undertaking work to better understand the requirements of the new appeals service, and as part of that will consider how best to transition from the current appeals services, including ensuring that cases still being handled under the current services are treated fairly and in line with the new Code and its enforcement mechanisms.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4679", "label" : {"_value" : "Biography information for Neil O'Brien"}
}
, "answeringMemberConstituency" : {"_value" : "Harborough"}
, "answeringMemberPrinted" : {"_value" : "Neil O'Brien"}
, "dateOfAnswer" : {"_value" : "2021-11-26", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2021-11-26T14:55:50.503Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "211"}
, "answeringDeptShortName" : {"_value" : "Levelling Up, Housing and Communities"}
, "answeringDeptSortName" : {"_value" : "Levelling Up, Housing and Communities"}
, "date" : {"_value" : "2021-11-18", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Parking: Fees and Charges"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Levelling Up, Housing and Communities, if he will make it his policy to allow appeals of parking charges under the parking code of practice, once introduced, to be made retrospectively from the date on which the Parking (Code of Practice) Act 2019 came into force.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/4769", "label" : {"_value" : "Biography information for Daisy Cooper"}
}
, "tablingMemberConstituency" : {"_value" : "St Albans"}
, "tablingMemberPrinted" : [{"_value" : "Daisy Cooper"}
], "uin" : "77502"}
, {"_about" : "http://data.parliament.uk/resources/1378683", "AnsweringBody" : [{"_value" : "Department for Levelling Up, Housing and Communities"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/1378683/answer", "answerText" : {"_value" : "
The 'Private parking charges, discount rates, debt collection fees and appeals charter: further technical consultation' contained proposals to bring private parking charges into closer alignment with Local Authority Penalty Charge Notices, along with a number of other measures to improve the private parking sector. The consultation closed on 27 August and the department is finalising its analysis of the responses. Our intention is to publish the consultation response together with the new Code of Practice as soon as possible so that motorists can benefit and industry has time to adapt itself to the new requirements.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4877", "label" : {"_value" : "Biography information for Lord Greenhalgh"} } , "answeringMemberPrinted" : {"_value" : "Lord Greenhalgh"} , "dateOfAnswer" : {"_value" : "2021-11-22", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2021-11-22T14:49:04.56Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "211"} , "answeringDeptShortName" : {"_value" : "Levelling Up, Housing and Communities"} , "answeringDeptSortName" : {"_value" : "Levelling Up, Housing and Communities"} , "date" : {"_value" : "2021-11-15", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Parking: Fees and Charges"} , "houseId" : {"_value" : "2"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"} } ], "questionText" : "To ask Her Majesty's Government when they will respond to the further technical consultation on private parking charges, discount rates, debt collection fees and appeals charter, published on 30 July.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/4282", "label" : {"_value" : "Biography information for Lord Bourne of Aberystwyth"} } , "tablingMemberPrinted" : [{"_value" : "Lord Bourne of Aberystwyth"} ], "uin" : "HL3980"} , {"_about" : "http://data.parliament.uk/resources/1346744", "AnsweringBody" : [{"_value" : "Ministry of Housing, Communities and Local Government"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1346744/answer", "answerText" : {"_value" : "
In its response to the parking Code Enforcement Framework consultation in March 2021, the Government announced its intention to implement a series of fairer parking measures which will benefit motorists. These include the creation of a single independent appeals service for motorists to turn to if they receive a private parking charge and an Appeals Charter which will protect motorists from charges that are unfair or issued in error.<\/p>
On 26 May, the Government announced that it will conduct a further technical consultation on its proposed changes to parking charges, seeking views from motorists, parking operators and landowners on the level of private parking charges, including the Appeals Charter. This will help deliver a fair, proportionate and consistent system across the country. Further details of the consultation, including delivery timescales for the single appeals service, will be announced shortly.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4450", "label" : {"_value" : "Biography information for Luke Hall"} } , "answeringMemberConstituency" : {"_value" : "Thornbury and Yate"} , "answeringMemberPrinted" : {"_value" : "Luke Hall"} , "dateOfAnswer" : {"_value" : "2021-07-22", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2021-07-22T15:07:06.14Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "7"} , "answeringDeptShortName" : {"_value" : "Housing, Communities and Local Government"} , "answeringDeptSortName" : {"_value" : "Housing, Communities and Local Government"} , "date" : {"_value" : "2021-07-14", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Parking: Fees and Charges"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Housing, Communities and Local Government, what progress his Department has made on developing (a) a single independent appeals service for motorists in receipt of a private parking charge and (b) an Appeals Charter to protect motorists from charges that are unfair or issued in error.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/4630", "label" : {"_value" : "Biography information for Ben Lake"} } , "tablingMemberConstituency" : {"_value" : "Ceredigion"} , "tablingMemberPrinted" : [{"_value" : "Ben Lake"} ], "uin" : "33307"} , {"_about" : "http://data.parliament.uk/resources/1317099", "AnsweringBody" : [{"_value" : "Ministry of Housing, Communities and Local Government"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/1317099/answer", "answerText" : {"_value" : "
My department is leading on the implementation of the Parking (Code of Practice) Act 2019, which includes creation of an independent Code of Practice for private parking companies to improve standards.<\/p>
MHCLG is developing the Code of Practice through the British Standards Institution (BSI) in close consultation with key stakeholders, including landowners, consumer organisations, and the private parking industry, who are advising on its impact. The draft Code, which is available online at https://standardsdevelopment.bsigroup.com/projects/2020-00193<\/a> and on which the BSI recently publicly consulted, includes a requirement for a clear signage, surface markings, and clear and accessible displays of terms and conditions, as well as appropriate terminology used in operator notices or by debt recovery agents.<\/p>