Parking operators blasted over poor treatment of drivers with 'vague and unclear' fines

The UK's competition regulator has written to the private parking sector over fears that drivers are being exploited with unfair penalty practices.

Private parking operators have been reminded of their duty to ensure their practices are consistent with consumer law.

The Competition and Markets Authority (CMA) has published an open letter to private parking operators amid concerns that motorists are being targeted.

It confirmed that it has issued advisory letters to operators regarding the appeals process and their "potentially unfair terms when seeking to recover unpaid penalty charge notices".

Two trade associations have also been asked to consider what could be done to ensure members fully comply with consumer law and the Private Parking Sector Single Code of Practice.

The CMA said it had seen instances where penalty charge notices that should have been revoked or reduced to £20 after an appeal have not been.

This means that some operators are not acting in line with requirements set out in the Appeals Charger or the Industry Code.

Some operators have also been accused of "interpreting and applying the consideration period requirements in a way that is inconsistent with the Industry Code".

At most parking sites, the mandatory minimum consideration period is set at five minutes, although this can vary depending on the type of parking site.

Analysis of penalty charge notice appeals shows that fines are being issued to drivers who enter a car park and leave after five to 11 minutes.

A range of issues could explain these delays, including payment machines being out of order, poor mobile signal, or being unable to find a parking bay that suits their needs.

The CMA said that the consideration period is a minimum and should not be interpreted as a "hard cut-off".

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It is also concerned about the information drivers receive during the penalty process, meaning that motorists cannot make an informed decision.

The authority warned that operators may be including additional charges when enforcing unpaid PCNs, which can sometimes be "vague and unclear".

Operators have been told not to wait for the Government's new code of practice to review their processes and terms.

If they fail to comply with consumer law, they could face action from the CMA or other enforcers.

The CMA also wrote to Miatta Fahnbulleh, minister with responsibility for off-street parking, setting out recommendations for operators to improve outcomes for consumers.

It called on the Government to consider whether the five-minute minimum window is sufficient, as well as calling for a requirement for a full consideration period before issuing a penalty.

Emma Cochrane, executive director of consumer protection at the CMA, said: "Being issued with a parking charge can be a stressful experience. Costs are high and often unexpected which is difficult when people are budgeting carefully.

"Parking companies must treat motorists fairly at all stages - and a clear and consistent appeals process must be at the heart of this.

"We're setting out a package of actions and recommendations to help drivers and we've launched an investigation into the practices of Euro Car Parks. It's time for all private parking operators to comply with consumer law or risk action from the CMA."