News on the "5 minute rule"

kryten3000

This email was received today from one of the MPs who have been dealing with complaints about Excel's 5 minute to pay rule:

"I write to you with an update on fines issued by private parking companies following your previous correspondence with me on this matter.

More than one hundred constituents have reported issues relating to <redacted>, operated by Excel Parking Services. I know from speaking with colleagues that hundreds more across the country that have faced similar problems.

A large number of these complaints originated from what has been described as the “five minute rule” - where drivers had not paid for their parking within a five minute time period stipulated by the operator. In many of these cases, paying within this time period was clearly not possible. Reasons often included faulty payment machines and a lack of phone or internet signal to make payment through alternative means. Nonetheless, Excel had, in dozens of cases, insisted on charging hefty fines and in some cases pursuing court action, even when these drivers had paid their tickets in full on the day.

 You may know that I and a number of my fellow MPs had taken these cases to Government ministers and industry representatives in a push to end his unfair practice. We said that Government regulation may be necessary if the industry did not sort its act out.

Following this, I am now pleased to report that following these discussions this unfair “five minute rule” has now effectively been banned by the industry.

Under a newly-updated code of conduct to which all private parking companies must abide, operators of car parks with fixed camera technology - such as Excel’s car park at Feethams - will no longer be permitted to charge fines where payment has been made in full before departure. In effect, this means there is no longer any time limit to pay as long as it is done before leaving the car park, and any fines for taking longer than five minutes should be overturned on appeal.

While this rule officially came in to effect from 1 January 2025 for car parks such as the one at <redacted>, it also applies retrospectively to any such cases that have yet to be settled. This means any “five minute rule” fine from a fixed camera car park that has not yet been paid, regardless of when it was issued, can immediately be appealed to the industry’s Independent Appeals Service and that appeal should be upheld. Details on how to appeal can be found on

https://www.theias.org/

and in any correspondence you have received about fines.

While this appears to be a hugely positive step, I still need your help to ensure the parking industry is true to its word on this issue. Therefore I would request that you please notify me by email of the result on any appeals made. I have already raised dozens of individual cases with Excel, many of which have been dropped as a result. I will continue to do this until this issue is, hopefully, resolved. If it is not resolved, I will not hesitate to continue pushing for state regulation of the sector to force operators to treat drivers with the fairness they deserve.

Finally, I am aware that this change does not benefit those who have already settled their fines. For this reason I am actively seeking advice on whether there are any means for retroactive compensation for those who have already paid or been taken through enforcement action related to the “five minute rule”. This is at an early stage and may not prove possible at all, but I will continue to look into every possible route of redress for those who have been stung by this unfair practice. I will keep you updated on these efforts and would welcome any constituents who would be interested in pursuing this to let me know by email.

I’d like to thank you for raising this issue with me. It is only with your input that we have been able to secure this positive change, though we are well aware there is work still to be done. Please do keep in touch and if I can help in any way, I will."

Coupon-mad

OMG reply and call out this naive crap:

" If it is not resolved, I will not hesitate to continue pushing for state regulation of the sector to force operators to treat drivers with the fairness they deserve."

Which MP out of the 11 wrote that totally deluded 'good news' please?

kryten3000

Agree there needs to be some more education here but we should acknowledge an achievement in getting this change.

ChirpyChicken

kryten3000 said:

Agree there needs to be some more education here but we should acknowledge an achievement in getting this change.

Agreed !!!:

Coupon-mad

kryten3000 said:

Agree there needs to be some more education here but we should acknowledge an achievement in getting this change.

Not really IMHO.

It's supporting the industry to make small changes to try to make out their Code is acceptable. It lends credence to their Code and there will be news articles trumpeting this, with her wrong approach:

'We said that Government regulation may be necessary if the industry did not sort its act out.'

She thinks that's it.  Wrong message. This stuff just perpetuates self-regulation.

We and MPs should not be helping the industry to improve their fake Code.  Don't get involved.

Nellymoser

Is it completely unreasonable? While I commend Lola's efforts I do find it quite concerning she states the "5min to pay" rule was banned officially by the industry from 1st Jan 2025.

Now I've not read any public announcement in the media from IPC or BPA stating this. Has anyone else?

My understanding from the industry's announcements was that the new industry panel once formed will review this. 

Has there been some miscommunication between Lola and Will Hurley IPC? 

ChirpyChicken

No not seen anything and Hurley would normally be crowing about such stuff 

daveyjp

Looks like ChatGPT is now being used by staff to respond to the letters sent to MPs,

Twinkle91

Nellymoser said:

Is it completely unreasonable? While I commend Lola's efforts I do find it quite concerning she states the "5min to pay" rule was banned officially by the industry from 1st Jan 2025.

Now I've not read any public announcement in the media from IPC or BPA stating this. Has anyone else?

My understanding from the industry's announcements was that the new industry panel once formed will review this. 

Has there been some miscommunication between Lola and Will Hurley IPC? 

I have sent the MPs words to the IAS asking them to re-open and then uphold my appeal (original one dismissed as expected) - will let you know how that goes!

Twinkle91

Here's the response from IAS:

Dear xxxx,

Thank you for your enquiry regarding your recent appeal. 

Unfortunately, the appeals process has been exhausted and it is not possible for you to raise a further appeal with the Independent Appeals Service (IAS), as your appeal has been dismissed by an independent adjudicator and it is not possible to appeal against their decision.

Any further questions regarding this charge should be directed at the operator, as the appeal has been marked as closed on our system and we are unable to provide legal advice. 

If you require advice from a solicitor you can visit the Law Society website at http://www.lawsociety.org.uk or alternatively contact your local Citizens Advice Bureau.

Yours sincerely

THE IAS

......and so the farce continues!

Fruitcake

You could ask who the alleged independent adjudicator is, since this is a requirement of the alternative dispute regulations 2015.