IPC Code of Practice 2024 (v9)

Provision 1· private-parking, code-of-practice, uk

IPC Code of Practice 2024 (9th edition) Code ofPractice V9 NINTH EDITION 1ST JANUARY 2024 International Parking Community Welcome to the NinthEdition of theInternational ParkingCommunity’s (IPC)Code of Practice forparking on private land. This updated Code of Practice for members of the International Parking Community (the IPC), the parking trade body that drives up standards across our industry, will create a better parking experience for the law and rule-abiding majority of those who use our members’ car parks, whilst ensuring that those who flout the rules are encouraged to change their behaviour. Anti-social parking, such as the blocking of designated Blue Badge bays, of pedestrian paths, entrances, double parking, parking across multiple bays and the non-payment of parking fees has in [...]

Provision 2· private-parking, code-of-practice, uk

fairness and transparency. The Code builds on initiatives taken by the IPC. These include pre-auditing any location where Parking Charge Notices can be issued; ensuring the presence of appropriate, clear, and prominently located signage so that all parkers are aware of charges for their use of that land, and the requirement for members who issue PCNs to subscribe to the IPC’s Accredited Operator Scheme (AOS) whereby they agree to comply with this Code of Practice. This edition of the Code’ incorporates changes to the following key areas; Amendments to Section 9 – incorporating clause 6 of the Governments withdrawn Single Code of Practice (changes relate to new signage installed after 1st January 2024). 1. Amendments to Section 13 - incorporating clause 5 of the Governments withdrawn Single [...]

Provision 3· private-parking, code-of-practice, uk

at a reasonable price for the vast majority of drivers, a minority of parkers choose to ignore the fact that the land on which they park is owned by someone who has paid for that property. The owner may be a business, a family, or a pension fund that provides a living for people across Britain. It is only right and fair that everyone respects the rules by paying for their use of that land and by parking reasonably, for anti-social parking harms so many people, not just landowners, and that cannot be tolerated in a decent society. Table ofContents IPC CODE NINTH EDITION 1ST JANUARY 2024 Foreword Definitions 3. Warranties and Disclaimers Administration of Code 1. 2. Conditions Obligations for the Motorists 4. Vehicle Registration 5. Motorists Using Private Land 6. Motorists with Disabled Blu [...]

Provision 4· private-parking, code-of-practice, uk

technology that uses specialist cameras, software and image processing to capture Vehicle registration plates and convert the registration plate images into data is used for effective parking management; “AOS” means Accredited Operator Scheme; “ATA”, which means Accredited Trade Association, is an organisation accredited by the DVLA; For the purposes of this Code: IPC CODE NINTH EDITION 1ST JANUARY 2024 A “Creditor” or “Operator” means a legal person who is for the time being entitled to recover an unpaid Parking Charge from the Driver of the Vehicle; 6 "Code" means this Code of Practice; “Complaint” means a grievance about the conduct or process of an Operator. It may or may not relate to a specific Parking Charge; “Compliance Officer” means a designated person assigned to oversee all asp [...]

Provision 5· private-parking, code-of-practice, uk

the transfer of liability of an unpaid Parking Charge to the Keeper of a Vehicle under the provisions of Schedule 4 of the POFA; K N L “Landowner” means an owner or occupier of the land; M “Motorist” means Drivers, Keepers and other Vehicle users on Private Land; “Notice to Driver” means a notice informing a Driver of a Parking Charge which is placed on the Windscreen of a Vehicle; “Notice to Hirer” means a notice informing the hirer of a Parking Charge which is due; “Notice to Keeper” means a notice informing a Keeper of a Vehicle of a Parking Charge which is due; “Notices” means Notice to Driver, Notice to Keeper and Notice to Hirer; P “Parking Attendant” means a person acting on behalf of the Operator to issue a Parking Charge. This does not include the person issuing a ticket in cases [...]

Provision 6· private-parking, code-of-practice, uk

Car Park” means land ordinarily used for parking Vehicles where only specific people and/or Vehicles are permitted; “Private Land” includes Public Use Car Parks – land/premises where the parking of vehicles by members of the public is invited, subject to such terms and conditions as may apply; Private Use Car Parks – land/premises where the parking of vehicles is not openly available to the public, but is permitted for a defined set of vehicles, for example those driven by the employees and/or customers of a business, residents of a development, attendees of an event, or permitted visitors e.g. to a doctor’s surgery; Short-stay areas – land/premises where the stopping of a vehicle is permissible for a limited period, for example at airport and railway station drop-off and pick-up zones, bu [...]

Provision 7· private-parking, code-of-practice, uk

space not a charge for breach of the terms and conditions; “Third Party” means a person (other than an employee of the Creditor/Operator) who is acting on behalf of the Creditor/Operator; V “Vehicle” means a mechanically-propelled Vehicle or a Vehicle designed or adapted for towing by a mechanically-propelled Vehicle (meaning given by paragraph 2 of Schedule 4 to the POFA); W “Warning Notice” is a notice informing a Motorist that they have parked in a manner where a Parking Charge was due but will not be pursued; “Windscreen” of a car or other vehicle is the glass window at the front through which the driver looks; “Registered Keeper”, in relation to a registered Vehicle, means the person in whose name the Vehicle is registered; General Terms 1.1 The IPC will monitor developments within th [...]

Provision 8· private-parking, code-of-practice, uk

and the IPC assumes no responsibility for unlawful or illegal acts of its members and they agree to indemnify the IPC as to the same. 3.2 By being an IPC member, Operators agree to indemnify us against all claims arising from obtaining Keeper Data falsely, illegally or by mistake, and against any misuse of any such Keeper Data. 3.3 The IPC will use its best endeavours to maintain its ATA status with DVLA. ATA status is granted to the IPC by the DVLA and therefore it is within their power to withdraw such status. The IPC will not be responsible for any loss caused to its members in the event ATA status is withdrawn for any reason. Warranties and Disclaimers 03 IPC CODE NINTH EDITION 1ST JANUARY 2024 9 4.1 Motorists (Registered Keepers of a Vehicle) have a legal obligation to register the Ve [...]

Provision 9· private-parking, code-of-practice, uk

not suited. This can result in damage to kerbs, lawns or garden areas. The following is a non-exhaustive list of the factors that landowners should consider when they invite motorists to park on their land: Customer access Access for emergency vehicles Disabled parking bays Safe pedestrian walkways The effect of parking on traffic flows The purpose of the land The IPC Code of Practice cannot impose any legal obligations on motorists. However, we have added these obligations to help inform motorists about their legal duties, as they relate to parking on private land, in a friendly simple way. We are trying to be as helpful as possible by providing motorists with as much information as possible regarding their obligations. Ultimately, we don’t want to see motorists receive a parking charge. [...]

Provision 10· private-parking, code-of-practice, uk

or immediately leave the Car Park. A Motorist must not simply park and leave their Vehicle. Motorists Using Private Land 05 IPC CODE NINTH EDITION 1ST JANUARY 2024 11 Example 1 If a payment or registration machine is faulty a Motorist should retry the machine, if possible, or look for an alternative machine to use. If another machine is not available, then a Motorist should look for alternative methods of making payment or registering such as pay by phone or paying/registering over the internet. If there are no alternative methods available and a Motorist still wishes to park, then the Motorist should contact the Operator to seek further instructions, contact details will be located on signage throughout the Car Park. If the Motorist is unable to obtain instructions from the Operator they [...]

Provision 11· private-parking, code-of-practice, uk

valid Blue Badge must read the relevant Blue Badge Scheme Rights and Responsibilities Guide which will have been provided when the Blue Badge was obtained. 6.2 Blue Badge Holders should be aware that there are no statutory concessions for Blue Badge holders on private land. The badge is intended for on-street parking only. Off-street Car Parks, such as those provided in local authority, hospital or supermarket Car Parks are governed by separate rules and are not covered by the scheme. 6.3 Some operators may choose to voluntarily provide concessions to Blue Badge holders This should be clear when reading the Terms and Conditions. 6.4 Where the Operator does provide concessions for Blue Badge Holders the Motorist must ensure that they comply with the requirements of the Blue Badge Scheme and [...]

Provision 12· private-parking, code-of-practice, uk

Identify themselves as the Driver. 7.3.4 Provide their name and address. 7.3.5 Produce their evidence. 7.3.6 If the operator rejects the appeal and the Motorist still wishes to contest they should appeal to the Independent Appeals Service by following the process set out by the operator when they rejected the appeal. If the Motorist appeals to the independent adjudicator they may lose their ability to pay at the reduced rate. 7.4 If a Motorist receives a postal notification, and they think it has been incorrectly issued they should: 7.4.1 If they are not the Driver: IPC CODE NINTH EDITION 1ST JANUARY 2024 13 7.5 Not dealing with the charge within the timescales allowed can cause Motorists to lose any discounted rates applicable. 7.6 Not dealing with the charge can lead to enforcement of th [...]

Provision 13· private-parking, code-of-practice, uk

place. 8.2 Signs must conform to the requirements as set out in Schedule 1. Signs 08 Requirements for the Conduct of Private Parking Management 9.1 On-site payment (important note – These requirements relate to new locations where signs are installed after 1st January 2024. For obligations pre-2024 see version 8 of the IPC Code) 9.1.1 Where on-site payment is required, clear information must be displayed within the controlled land on the payment method(s) available. 9.1.2 Where payment machines are installed within the controlled land, the following information must be displayed on, or near (i.e. adjacent to), the payment machine: Payment of a parking tariff 09 a) instructions for making the payment, including the tariff and the parking charge, the latter being in the largest font used to [...]

Provision 14· private-parking, code-of-practice, uk

displayed must include the name and contact details for the parking operator where different from the contacts listed for the issues described in 9.1.2b); and e) parking operators must ensure that payment machines accepting cash must have signs on or nearby indicating: 1) Whether change will be given; and, if so 2) Contact details in the event of the correct change not being delivered. c) the consequences of a machine being unavailable, i.e. whether alternative payment methods are available, the location of alternative machines and whether inability to pay due to machine failure absolves the driver from making payment or whether inability to pay means the driver is not permitted to park and is required to leave within the appropriate consideration period. 9.2 Pay-and-display Where relevant [...]

Provision 15· private-parking, code-of-practice, uk

appropriate materials so as not to be easily dislodged, e.g. by the closing of the vehicle doors (some systems require the driver to print the receipt e.g. when making payment online). In instructing drivers on where a receipt should be displayed it is advisable to suggest that the driver checks that the receipt is visible as required after closing all doors and securing the vehicle, and that they retain the receipt as proof of payment. 2. It is good practice to ensure the design of a “payment failed” slip is not liable to be mistaken for a parking tariff receipt. IPC CODE NINTH EDITION 1ST JANUARY 2024 16 9.3 Keying errors Where the terms and conditions require the driver to supply their vehicle registration mark at an on-site machine, by telephone or online, the parking operator must hav [...]

Provision 16· private-parking, code-of-practice, uk

Access 10 11.1 Operators may use sub-contractors in order to carry out duties on their behalf. Sub-contractors are the Operator’s responsibility and any issue of non-compliance by them will be treated as non-compliance by the Operator. 11.2 Operators should have appropriate processes in place to ensure sub-contractors are aware of their obligations under the Code. Sub-Contractors 11 12.1 Self–ticketing practices are considered the same as sub-contractors. If an Operator enforces Parking Charges issued by a Self Ticketer they are responsible for ensuring the Self-Ticketer acts in accordance with the Code. 12.2 Self-ticketers must be registered with the IPC before they are able to issue a Parking Charge or obtain keeper data pertaining to a Parking Event for which a Parking Charge is issued. [...]

Provision 17· private-parking, code-of-practice, uk

period where parking is permitted. Where a consideration period is completed, i.e the driver is bound by the terms and conditions, because for example they have paid for parking, left the area or accepted the terms by remaining on site for a period of time, the driver may be required to make payment for the full period of time from the time of entry to the time of exit from the car park. Where this is the case, it must be made clear on the signage that payment is required for the period from entry to exit. If there is a free period which commences on entry then signage must also make that clear. 13.1 Consideration period The parking operator must allow a consideration period of appropriate duration, subject to the requirements set out in Schedule 7, taking the following factors into accoun [...]

Provision 18· private-parking, code-of-practice, uk

13.1a) to 13.1d); and g) the impact of the volume of traffic within the controlled land on 13.1a) to 13.1d). 3. The consideration period ends at the point where there is evidence that the driver has, by parking, accepted the terms, conditions and restrictions applying (whether or not they have chosen to read them) which may be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or turning off the ignition of the vehicle and remaining stationary for more than 5 minutes. IPC CODE NINTH EDITION 1ST JANUARY 2024 18 13.2 Grace period A grace period as set out at Schedule 7 to this Code must be allowed by the parking operator at the end of the parking period, such that in calculating whether a parking charge is due the permitted period allo [...]

Provision 19· private-parking, code-of-practice, uk

that could be interpreted as stopping if they have explicit consent to do so on evidenced security or safety grounds from the IPC following audit of the adequacy of the signs and surface markings in place to inform drivers of the restrictions in place. 14.1 Parking on Private Land is increasingly managed using various forms of technology and equipment. 14.2 Operators may use these systems but where they do, operators must ensure that they are fit for purpose and maintained to a reasonable standard. 14.3 Operators may use technology to manage, control and enforce parking, as long as this is done in a consistent and transparent manner. 14.4 Any equipment used on Private Land must be kept in good working order. 14.5 Where CCTV and/or ANPR technology is used appropriate checks must be carried [...]

Provision 20· private-parking, code-of-practice, uk

was issued. Where a Vehicle is moved at any point, this constitutes a new Parking Event. 15.5 Parking Charges may only be pursued in accordance with Schedule 2. 15.6 Where a Parking Charge is issued the Operator must keep a record of the person responsible for gathering the evidence of the Parking Event and/or issuing the Parking Charge. 15.7 Where a Parking Charge, that has been issued for a vehicle in a Public Use Car Park, is appealed in timeframes set out in 19.1.3 and it is evidenced the motorist; had paid fully for the parking, and had complied with all other conditions of parking, and Has received a Parking Charge due to a reasonable genuine error (it is unlikely to be a reasonable error, for example, where the driver makes the same error more than once having been informed of the e [...]

Provision 21· private-parking, code-of-practice, uk

a person responsible for the Vehicle at the time of the Parking Event. 17.3 Where a Warning Notice is not placed on the Windscreen at the time of the Parking Event a Notice may be sent to the Registered Keeper in the post. 17.4 Where Registered Keeper details are obtained to allow the issue of a Warning Notice they must be deleted once the purpose of issuing the Notice is achieved. 17.5 Where a Warning Notice is issued it must not make reference to any previous Parking Event other than the one for which it is issued. 17.6 Where a Warning Notice is to be issued to the Registered Keeper it must be done so within 28 days. Warning Notices 17 18.1 Operators may choose to pursue the unpaid Tariff instead of issuing a Parking Charge. 18.2 All notices must comply with Schedule 3. 18.3 In order to [...]

Provision 22· private-parking, code-of-practice, uk

a decision on the appeal is not concluded within 28 days the Operator must acknowledge the appeal and confirm the timeframe for concluding it. 19.1.5 Consider appeals which are received outside of the normal period usually allowed for lodging an appeal where there are exceptional circumstances for the appeal not being lodged within the normal timeframes. 19.1.6 Offer the reduced rate of payment for a further 14 days from the date of rejection of the appeal where the original appeal is received within the timeframe for making payment at the reduced rate. 20.1 If an Internal Appeal is unsuccessful, Operators must notify the appellant, at the same time the appeal is rejected, that they have the right to further appeal to the IAS. Operators must allow Motorists a further 21 days to pay the Par [...]

Provision 23· private-parking, code-of-practice, uk

ability to appeal, providing they have advised the Motorist (or person paying) they will no longer have the ability to appeal. 19.3 Operators must not require the Motorist to submit a stamped-addressed envelope as a pre-requisite for an appeal. IPC CODE NINTH EDITION 1ST JANUARY 2024 22 21.1 The parking operator must have and follow a documented policy and procedure to receive, evaluate, make and record its decisions on complaints in a non-discriminatory manner, in accordance with the requirements of the accredited parking association (including escalation where the complainant is dissatisfied) to which it belongs, published on its website, including the action a complainant can take where dissatisfied with the operator’s determination of their complaint. Where complaints will only be cons [...]

Provision 24· private-parking, code-of-practice, uk

be kept informed by the operator. For a small operator, there might from time to time be limited administrative capacity to handle communications, e.g. due to staff sickness. 21.4 A full response to a complaint must be provided by the parking operator within 28 days of its receipt unless exceptional circumstances apply, in which case the complainant must be kept informed by the operator. 21.5 When a complaint is received, the parking operator must record, retain for 36 months, and make available on request to authorised bodies: a) the date of complaint; b) a copy of the complaint; c) a copy of all correspondence; d) the outcome; and e) the details of any corrective action required and undertaken to ensure the situation does not recur (where the complaint has merit), including such advice a [...]

Provision 25· private-parking, code-of-practice, uk

liability insurance. If they operate within the private sector, the minimum level of cover is £5m of public liability insurance. 24.2 If an Operator has employees, then they are required to have the appropriate Employer’s Liability Insurance. The minimum level of cover is £10m. 24.3 If an Operator requests Keeper Data electronically from the DVLA, they must have the appropriate level of insurance. The minimum required by the IPC is at least £1m of Professional Indemnity and Cyber Liability Insurance for any one claim. Insurance 24 25.1 The Code complements the relevant legislation and related guidance, which will define the overall standard of conduct for all Operators. Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating the [...]