For drivers in England, there exists a little-known loophole that could potentially save them from hefty parking ticket fines in various car parks. Research from the RAC Foundation revealed that nearly 2 million motorists were fined in the first quarter of the last financial year, collectively costing millions of pounds.
However, this loophole, which grants a grace period of ten minutes, offers drivers a buffer to return to their vehicles before their parking ticket expires, potentially avoiding fines that would dent their bank accounts.
The leniency in parking regulations was introduced by the Government in April 2015, allowing drivers to overstay in regulated street spaces or council car parks by up to ten minutes without incurring penalties. This decision was made with the principle that “enforcement should be sensitive, fair, and proportionate.” The Government further elaborated, stating, “This would not be the case if a driver received a penalty charge notice (PCN) for returning to their vehicle only moments after the expiry of a period of permitted parking.”
The guidance issued by the Government clarifies, “No penalty charge is payable for the contravention where the vehicle has been left beyond the permitted parking period for a period not exceeding 10 minutes.”
It’s essential to note that this rule applies exclusively to England and applies to those who park in regulated on-street parking or in car parks managed by local authorities. Motorists using private car parks will not benefit from this grace period.
The Automobile Association (AA) played a role in advocating for this grace period, emphasizing that imposing a £40 fine for a few minutes of overstay was unjust. While some councils exhibited sympathy when drivers contested parking tickets and provided reasons for their overstay, others enforced parking fines rigorously. This variation led to a postcode lottery in which drivers’ outcomes depended on their location. Since the introduction of the official grace period by the government, drivers have gained a small degree of leeway and a legal avenue to challenge parking tickets.
Edmund King, AA President, expressed, “There wouldn’t have been a need for central government to interfere if all local authorities had exercised the discretionary approach to parking enforcement of old. Parking tickets were supposed to be a deterrent to bad behaviour, not a fines harvest.”
As this little-known loophole becomes more widely recognized, drivers in England are encouraged to be aware of their rights and take advantage of the grace period when parking in regulated areas or council-run car parks, potentially sparing themselves from unnecessary fines.
