Importance of Protecting Private Land

Importance of Protecting Private Land

Addressing the Parking (Code of Practice) Act 2019 is important for safeguarding private land and implementing fair and effective car park management. Drivers must pay the parking charges as per the terms and conditions included in the Act. Read further to learn the importance of protecting private land and the essential protocols to maintain the integrity of parking on private lands.?

What is Parking On Private Land??

Parking on private land refers to the utilisation of parking spaces with ownership of that land including private individuals, companies, or organisations instead of public authorities. This type of parking can be found in various places such as:?

  • Disabled bays?
  • No Parking areas?
  • Privately owned roads leading up to airports?

  • Residential parking areas?
  • Lawn and garden areas?
  • Verges?
  • Office car parks?
  • Electronic charge bays?

Private land parking requires following certain terms and conditions governed by the landowner or management company. Proper signage is displayed at the entrance and throughout the car park based on the terms. Management of these car parks has the authority to enforce the parking rules, issue PCNs for illegal parking, and implement tech-driven smart features such as Automatic Number Plate Recognition (ANPR) systems to monitor the processes.?

IPC's position on paying a Parking Charge Notice (PCN) at a reduced rate after an appeal:

  • Appealing on Time: The driver still be able to pay the lower rate even if their appeal is rejected but they have to appeal the PCN within the timeframe given for paying a reduced amount.?
  • Delayed Appeals: Drivers lose the chance to pay at a lower rate if they appeal after the timeframe for the reduced payment has ended.?

This knowledge should be clearly mentioned on the PCN or any related documents to avoid any misunderstanding for the drivers.?

Why should a motorist be required to pay the full rate after an independent appeal has been declined?

  • Full Payment After Appeal: The driver needs to pay the full amount of the PCN if the independent appeal is rejected. This secures that the incentive to pay before the deadline at a reduced rate is effective.?
  • Avoiding Delays: This rule encourages drivers to pay on time to avoid any extra costs for the parking operator.?

But sometimes, if there are specific reasons that justify the delay of payment then the driver might be allowed to pay the reduced rate even after an independent appeal. These situations are considered individually.?

Standardisation of Parking Documentation?

  • Standard Information: The The International Parking Community (IPC) believes that specific important information should be highlighted and displayed on all parking documents rather than having the same standard documents for everyone.?
  • Branding Regulations: This technique gives freedom to the parking businesses to showcase their own brand while maintaining industry standards.?
  • Essential Documents: Businesses have the right to design their documents as they want, but they must meet the legal and code of practice requirements for content and format.?
  • Approval: Before publishing and distributing these documents, they should be reviewed and approved by the business’s Accredited Trade Association (ATA).?

Standardisation of Parking Signs?

  • Mandate Information: Parking operators should exercise their right in designing signs as long as the main information, necessary terms and conditions, is clearly stated.?
  • Audit by ATA: The Accredited Trade Association (ATA) is responsible for ensuring the parking operators comply with industry standards including auditing and documentation. Therefore, it is mandated that all the signages and content must be checked by (ATA) before presenting anywhere to avoid any misleading information.?
  • Site Approval: Parking companies are strictly prohibited from operating on a site until it has been checked or approved by the ATA to ensure there is enough and correct signage installed. Instead of a physical visit, operators are required to provide proof showing where the signs are installed and that the landowner gives a permit to them for managing the land.?
  • Legal information: It is to be requisite that signs should inform the drivers about their data protection rights, including under the GDPR, and parking operator’s branding.?
  • Type of car parks: All signs must meet basic requirements to ensure drivers understand their responsibilities because it is not possible to have one standard look for all signs as private car parks and land uses vary widely.?

Consideration Periods

Should everyone be allowed to park for 5 minutes?

  • What is the Consideration Period??

It’s a non-binding time that allows drivers to understand the terms and conditions on car park signs. This makes them decide whether they want to park there or not.?

  • Adequate Time: A proper time should be given to the drivers so they can understand the terms and conditions and make an informed choice about parking.?
  • Applies Everywhere: This is relevant to all private land, but what counts as a reasonable Consideration Period based on the certain situation and type of land. For instance, a No Stopping zone is not similar to a car park where parking is allowed.?
  • Preventing misuse: It must be clearly displayed that this time is for reading signs and not for running errands, like quickly going to a shop. Hence, the Consideration Period should not be confused with free parking.?
  • Protecting Small Shops: Fly Parking is a major issue for small shops when drivers misuse their parking spaces to visit other shops and block genuine customers from parking.??

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Grace Periods?

  • What is a Grace Period??

The grace period refers to an extra time that allows drivers to leave a car park after their allowed parking time has ended, without getting any parking charge.?

  • 10-Minute Rule: As per the IPC Code of Practice, it is mandated that parking operators give drivers 10 minutes to exit the car park after their parking time expires.?
  • Conditions: The grace period is only exercised when allowed parking time is given and the driver has followed all other terms and conditions.

No Stopping Zones?

  • Clear Signage: Clear signage plays a significant role for the drivers so they can read while driving, especially at the start of a No Stopping zone.?
  • Repeat Signs: Repeated signs must be installed throughout the No Stopping zone for the drivers so they can take their move accordingly.?
  • Traffic Flow: No Stopping zones should be managed effectively to regulate the flow of traffic seamlessly, especially on important routes like airport roads, hospitals, and retail parks.?

Conclusion

In conclusion, the Parking (Code of Practice) Act 2019 plays an important role in protecting private land and strengthening the effectiveness of car park management. By stating clear guidelines for reducing parking charges, standardised documentation and signage, and reasonable consideration and grace periods, the act promotes credibility and fair treatment for both parking operators and motorists. These measures majorly contribute to a well-managed parking system that maintains equilibrium between the needs of property owners and the public.?

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