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The Department proposes to raise standards over time across the private parking industry in England, Scotland, and Wales to better protect and support motorists whilst balancing the legitimate needs of private parking operators.

Parking on private land is managed largely under contract law. When a driver enters and decides to park on a site owned or managed by a parking operator, they are held to have accepted and entered into a contract with that operator.

The number of parking charges being issued by private parking operators is at a record high. This increase has been accompanied by a steady stream of credible accounts of poor behaviour by some parking operators, and this has continued since the introduction of the Industry Code. These accounts are of motorists charged for breaking the rules in carparks when those rules were not clear, or where the motorist was unable to comply with the terms and conditions through no fault of their own e.g. poor signal, faulty apps, or faulty machines. The Department recognises that the increase in parking charges has not been driven by poor operator practices alone and identifies a number of other factors.

The OA sets out the evidence for a preferred option of legislating a Government Code of Practice which will clearly set out the standards which all parking operators are expected to meet. This will be supported by a new compliance framework to ensure that parking operators comply with the Code. It is published alongside a consultation as the department has concluded that further investigation is required to understand what proportion of parking charges result from motorist non-compliance vs poor operator behaviour so that Government can ensure future interventions are properly targeted and balance the needs of motorists and industry.

The OA sets out the costs to businesses and households, monetising where possible and providing illustrative estimates where evidence is not available.

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