In June 2024, the two independent trade associations representing private car park operators – the British Parking Association (BPA) and the International Parking Community (IPC) – published the private parking sector single Code of Practice.
This was a consolidated set of rules that private car park operators in the UK are expected to follow. We’ve previously published an extensive FAQ which explains the main points for motorists, car park users and owners in some detail.
In this blog we’re exploring one of the key pieces of guidance in more detail – the grace period. Read on to discover more about it.
What is the grace period and how does it work?
Car park operators have been required to allow a grace period at the end of a time limited parking event for some time now. The Code of Practice refers to the grace period as “a period of time in addition to a parking period where all terms and conditions have been complied with, when no parking charge can be issued.”
This period of time is set at 10 minutes. In practice, this means that if a motorist parks in a car park that offers free parking for one hour, or they pay for one hour of parking – and they have complied with the parking terms and conditions – there is a 10-minute period of grace at the end of the parking session, just in case there’s an unexpected issue getting back to the vehicle or getting out of the car park.
Picture the scene: a driver is rushing back to the car park with shopping bags in hand and kids in tow, and they’re struggling to find their car in a sea of similar-looking vehicles. Thanks to the grace period, they’re afforded extra time to exit the car park without fear of receiving a parking charge for overstaying the paid for or maximum stay time by just a few minutes.
There are some points to note here. The grace period only applies when the driver has parked in compliance with the applicable terms and conditions (in other words, they’ve observed and understood the clear instructions outlined on the car park signage). Also, it doesn’t apply in isolation – it is in addition to the parking period. So at a pay-to-park site, drivers can’t grab 10 minutes of free parking and then move on.
The grace period is just one of the rules concerning parking duration. We also need to discuss the ‘consideration period’.
So what is the ‘consideration period’?
The Code of Practice states that the consideration period is when “the driver is in the process of parking; and is allowed to read and understand the applicable terms and conditions and decide whether to accept them and remain or reject them and leave.”
As with the grace period, a parking charge cannot be issued for a technical breach of the parking terms (e.g. non-payment) during the consideration period. If the motorist decides not to park and exits the car park within the consideration period, a parking charge cannot be issued to them.
It is essentially the period of time required for a driver to identify and read the signs that display the parking terms and conditions – plus the time it takes to exit the car park should they decide not to accept the terms and conditions. If the driver decides to park, the consideration period falls away – it is not a period of ‘free parking’ before the parking event starts.
Unlike the grace period, the duration of the consideration period varies depending on the number of spaces in the car park and other factors, including exceptional circumstances. For detailed information, see the table in Annex B (page 35) of the Code of Practice.
A summary of the guidance
The grace period and the consideration period are periods of ‘free parking’. The grace period only applies if you have complied with the terms and conditions of parking, such as paying for a defined duration of time in a payment car park. The consideration period is a period to allow you to decide whether you want to park before the parking contract is formed – if you decide to park, the consideration period falls away and is not a period of free parking.
Want more information? Check our blog regularly as we’ll be posting more about the Code and how the key elements work over the coming weeks.
