10-21-2026, 07:30 AM
@Brenda_R2, I haven't yet had the opportunity to go through the entire new statutory Code in detail, but I've picked out a few provisions that could prove particularly useful when challenging private parking charges.
The real benefit isn't necessarily the rules themselves, many of which were already in the industry's PPSCoP, but the prospect of independent oversight and meaningful consequences for operators who repeatedly breach them.
A few points that have caught my attention so far:
The significant change is that these requirements will now have statutory backing rather than relying solely on the BPA and IPC policing their own members. A breach won't automatically invalidate a PCN, but persistent misconduct could have consequences beyond losing an individual appeal.
I still need to examine the rest of the Code properly, but these are the main points I've identified so far. Whether the new oversight arrangements actually deliver meaningful accountability remains to be seen.
The real benefit isn't necessarily the rules themselves, many of which were already in the industry's PPSCoP, but the prospect of independent oversight and meaningful consequences for operators who repeatedly breach them.
A few points that have caught my attention so far:
- Section 2.22: ANPR entry and exit timestamps cannot automatically establish the actual period of parking. This strengthens challenges to alleged overstays and potentially defective PoFA NtKs.
- Section 8.1.2(b): Operators must clarify whether they are relying on PoFA, where relevant, making ambiguous NtKs open to regulatory challenge.
- Section 8.1.3: Operators are expressly prohibited from presuming that the registered keeper was the driver, undermining the familiar misuse of *Elliott v Loake*.
- Appeals and enforcement: Greater protection against rejected late appeals, inadequate address checks and misleading enforcement practices.
- Independent certification: Repeated non-compliance could ultimately jeopardise an operator's certification and continued access to DVLA keeper data.
The significant change is that these requirements will now have statutory backing rather than relying solely on the BPA and IPC policing their own members. A breach won't automatically invalidate a PCN, but persistent misconduct could have consequences beyond losing an individual appeal.
I still need to examine the rest of the Code properly, but these are the main points I've identified so far. Whether the new oversight arrangements actually deliver meaningful accountability remains to be seen.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
