Strong Defence

Grace Period Not Applied: Were You Charged Without Fair Warning?

Both the BPA and IPC codes of practice require parking operators to allow a grace period (typically 10 minutes) before a parking charge can be issued. If you were charged for an overstay within this grace period, or if the operator did not apply a reasonable grace period at all, the charge breaches the industry code and is likely unenforceable.

--The BPA Code requires a minimum 10-minute grace period after the parking session expires
--The IPC Code also requires a consideration period before charges are issued
--If your overstay was within the grace period, the charge should not have been issued
--ANPR systems must account for the grace period in their calculations

Key Takeaways

Check whether your overstay falls within the grace period
The grace period applies at the end of the permitted parking time, not the start
ANPR camera timestamps may not account for the grace period correctly
A charge issued during the grace period breaches the operator's own code of practice
This defence is strongest when combined with other arguments

What This Defence Means

Industry codes of practice (enforced by the BPA and IPC, the two accredited trade associations for private parking operators) require their members to allow a grace period before issuing parking charges. The BPA Code of Practice requires a minimum grace period of 10 minutes after the expiry of a paid-for parking session and 10 minutes for consideration when entering a car park. The IPC Code has similar provisions. This means if your parking session expired at 2:00 PM, you should not be charged if you left by 2:10 PM. If the ANPR system recorded your exit at 2:08 PM and you still received a charge, the operator has breached their own code.

When This Defence Applies

Your overstay was 10 minutes or less beyond the permitted time
The ANPR exit time shows you left within the grace period
No grace period was mentioned on the signage
The operator's system did not automatically apply the grace period
You entered a free car park and left within 10 minutes of arriving (consideration period)
The charge was issued at a time that would fall within the BPA/IPC mandated grace window

How to Argue This Defence

1.Calculate the exact duration of your stay using the ANPR entry and exit times on the parking charge notice.
2.Subtract the permitted parking time from your total stay to determine the overstay duration.
3.If the overstay is 10 minutes or less, state that it falls within the mandatory grace period.
4.Identify whether the operator is a BPA or IPC member (this will be stated on the PCN or signage).
5.Reference the relevant code of practice and the specific grace period requirement.
6.State that the charge was issued in breach of the operator's own code and should be cancelled.
7.If the ANPR times appear inaccurate, challenge them separately -- the grace period argument adds to your case.

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Relevant Law

BPA Approved Operator Scheme Code of Practice

Requires BPA member operators to allow a minimum 10-minute grace period after the expiry of a paid parking session, and a 10-minute consideration period for drivers entering free car parks.

IPC Code of Practice

Sets similar requirements for IPC member operators regarding grace periods and consideration times.

Parking (Code of Practice) Act 2019

Establishes a single Code of Practice for private parking. When fully implemented, it will set mandatory standards including grace periods for all private parking operators.

Example Scenarios

1.You paid for 2 hours of parking. The ANPR recorded your entry at 10:00 and exit at 12:07. Your overstay of 7 minutes is within the 10-minute grace period.
2.You parked at a free car park with a 90-minute time limit. The ANPR shows you stayed 95 minutes. The 5-minute overstay is within the grace period.
3.The signage states a 2-hour maximum stay but does not mention any grace period. The operator is still bound by the BPA/IPC code to apply one.
4.You received a charge for an overstay of exactly 10 minutes. The grace period should cover this -- the charge should not have been issued.

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Frequently Asked Questions

What if the signage does not mention a grace period?

The operator is still required to apply the grace period mandated by their trade association's code of practice, regardless of whether it is mentioned on signage. The BPA and IPC codes are binding on member operators. If the operator has not applied the grace period, they have breached their own code.

Does the grace period apply to all car parks?

The grace period requirement in the BPA and IPC codes applies to all car parks managed by their member operators. This covers the vast majority of private parking operators in England and Wales. Once the Parking (Code of Practice) Act 2019 is fully implemented, a single mandatory code will apply to all operators.

Can the operator argue the grace period was built into the time limit?

Some operators claim their time limits already include a grace period. This argument is weak -- the BPA and IPC codes require a grace period in addition to the stated time limit, not built into it. If the sign says 2 hours, the grace period adds 10 minutes on top, for a total of 2 hours and 10 minutes before a charge can be issued.