Saltash Business Centre car park is operated by Chromacon Security(Chromacon Holdings Ltd). This is private land, and the land rules must be adhered to. Failure to adhere to these terms will result in the driver being liable for a Parking Charge of £100.
By entering the premises at Saltash Business Centre, drivers must adhere to the following rules:
Parking Enforcement Terms:
By entering or remaining on this land, you agree to abide by all of the terms and conditions on this page and the land.
Parking charges are to be paid within 28 days. Non-payment will result in a collection fee of £70*. Additional parking charges apply for each 24-hour period, or part thereof, that the vehicle remains in breach, or if it returns at any time. Terms and conditions apply 24 hours a day, all year round. The driver shall be liable for any outstanding charges, collection fees, interest and costs on an indemnity basis. Where any statutory basis exists for any monies due under this contract to be recovered for anyone other than the driver, they too shall be recovered on an indemnity basis.
*Parking charges will be issued and escalated in accordance with the Code of Practice, which can be found here: www.theipc.info/publications
Personal data in the form of registration number, photographs of you and your vehicle, may be obtained to ensure compliance with your obligations when entering onto this land. Automatic number plate recognition will be in use. The data may be retained for enforcement purposes. Where a parking charge becomes due, an application may be made to the DVLA for the keeper’s details to allow notices to be sent through the post.
This Code of Practice (“the Code”) specifies requirements for the operation and management of private parking by companies engaged in managing activities on two categories of controlled land:
Parking operators who comply with the Code will be entitled to request registered keeper data from the DVLA, for the purpose of contacting the registered keeper of vehicles in relation to the alleged incident. DVLA considers the release of data under Regulation 27 of the Road Vehicles (Registration and Licensing) Regulation 2002. The Code does not apply:
COMMENTARY ON CLAUSE 2
As a matter of contract law, drivers need to be given an appropriate opportunity to understand and decide whether to accept the terms and conditions that apply should they choose to park a vehicle on controlled land. The amount of time needed varies according to the nature and size of the premises, hence the need for a consideration period before the contract between the driver and the parking operator is made. It is also a requirement to allow a grace period in addition to the parking period where parking is permitted, and all terms and conditions have been complied with.
2.1. Consideration period
Where a parking operator assumes a vehicle is parked based on time alone, they must allow a consideration period of appropriate duration, subject to the requirements set out at Annex B. The following factors should be taken into account:
NOTE 2: The consideration period may end earlier than the times prescribed in Annex B where there is evidence that the driver has, accepted the terms and conditions applying (whether or not they have chosen to read them) which may for example be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or remaining on the controlled land for more than 5 minutes.
2.2. Grace period
A grace period, as set out in Annex B to this Code, must be allowed by the parking operator in addition to the parking period. A parking charge must not be issued during a Grace Period.
NOTE 1: The grace period does not apply other than where the driver has parked in compliance with the applicable terms and conditions – it does not apply in isolation so as to allow free parking up to the sum of the consideration and grace periods.
NOTE 2: The grace period does not apply to short stay areas – controlled land where the parking of a vehicle is permissible for a limited period not greater than 30 minutes, for example, at airport and railway station drop off and pick up zones.
NOTE 3: A grace period is relevant where there is a time limit on the permitted period of parking, for example, 2 hours free parking or parking is paid for 1 hour, etc. It is not relevant when there is no limit on the period of parking.
2.3. Prohibition on stopping
The provisions of Schedule 4 of the Protection of Freedoms Act 2012 relate specifically to the parking of vehicles on relevant land and the recovery of parking charges – they arose from the need to respect landowners’ interests given the introduction of the prohibition on wheelclamping, and so largely envisage circumstances where a wheel-clamp may otherwise have been applied, i.e. to a stationary, generally unoccupied, vehicle. However, this Code also applies to instances where the prohibition on stopping arises from a clear security concern, e.g. within airports. Parking operators must only pursue parking charges in instances that could be interpreted as stopping if they have explicit consent to do so on evidenced security or safety grounds from their ATA, following an audit of the adequacy of the signs and surface markings in place to inform drivers of the terms and conditions in place.
Parking operators may use camera technology to remotely manage parking on controlled land as long as they do so overtly, and in a reasonable, consistent and transparent manner. In particular, parking operators must make sure the data they are collecting is accurate, securely held and cannot be tampered with.
3.1. Use of photographic evidence technology
Parking operators must ensure that the equipment and systems used to capture photographic evidence in respect of controlled land are fit for purpose, maintained to a good standard in accordance with the manufacturers’ operating requirements and those of the ATA to which the operator belongs, and are synchronised so that they record accurately photographic evidence of whether a parking charge is due. NOTE: Information about the design, security and maintenance of equipment and systems should be recorded and maintained for inspection by authorised bodies.
3.2. Camera vehicles
Camera vehicles used to monitor and enforce compliance with relevant obligations must be clearly identifiable as such and must clearly and prominently display the name of the parking operator. Camera vehicles must also bear the logo and may bear the livery of the parking operator. They must not be used for covert surveillance or carry misleading branding, e.g. ‘Road Safety Unit’ or ’Security’. NOTE: Care must be taken to ensure that photographic evidence from camera vehicles is not used to issue a parking charge where a consideration period has not ended.
3.3. Use of photographic evidence
Photographic evidence must not be used by a parking operator as the basis for issuing a parking charge unless:
NOTE 1: The manual quality control check for remote ANPR and CCTV systems is particularly important for detecting issues such as “double dipping”, where image camera systems might have failed to accurately record each instance when a vehicle enters and leaves controlled land, and for checking images that might have been taken other than by a trained parking attendant (see Clause 15). The manual check might also reveal where “tailgating” – vehicles passing a camera close together – is a problem, suggesting relocation of the camera might be necessary.
NOTE 2: Where parking operators are accepting as evidence for issue of a parking charge images forwarded, copied, uploaded by or stored on an individual’s personal mobile phone or other personal device then, as data controller, the operator must ensure that such images are only kept by the individual capturing the images for the minimal time taken to upload them via an app, webpage or similar secure portal or address supplied by the parking operator, must be satisfied that the image is a true and fair representation e.g. including the accuracy of time stamp, and relates only to the controlled land subject to the relevant conditions.
3.4. Alteration of photographic evidence
Parking operators must not digitally or by other means alter images used as photographic evidence other than: a) to blur faces or the VRMs of other vehicles in the image in accordance with their GDPR obligations; or b) to enhance the image of the VRM for clarity, but not to alter the letters and numbers displayed.
COMMENTARY ON CLAUSE 8
Paragraphs 6-9 of Schedule 4 of the Protection of Freedoms Act 2012 specify the information to be included when pursuing parking charges with the intention of transferring liability to the keeper. It is important that the individual who is suspected of contravening relevant obligations is informed as soon as possible that a parking charge is due and of how they should pay or appeal.
4.1 Design and language
4.1.1 The parking operator must not serve a notice or include material on its website which, in its design and/or language:
a) implies or would cause the recipient to infer statutory authority where none exists;
b) deliberately resembles a public authority civil enforcement penalty charge notice;
c) uses prohibited terminology as set out in Annex E; or
d) state the keeper is liable under the Protection of Freedoms Act 2012, where they cannot be held liable.
4.1.2 The parking operator must ensure that a notice informs the recipient:
a) of the contact details of the parking operator (e.g. telephone number, email address, website) and of those to which appeals should be made (where different);
b) the parking charge was incurred on private land;
c) of the process by which the recipient may appeal against the parking charge;
d) that in the event of the recipient appealing the parking charge and that appeal being rejected, they have a further right of appeal to the Appeals. Service, but the discounted rate no longer applies, should they appeal to an Appeals service;
e) that if the recipient appeals within 28 days of receiving the parking charge, the right to pay at the rate applicable when the appeal was made must stand for a further 14 days from the date (subject to 8.1.2d) they receive notification that their appeal has been rejected;
NOTE 1: Where the 14 days to pay were at the reduced rate, a further 14 days should be offered to make payment at the full rate.
NOTE 2: A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose, “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales. Therefore, parking operators must retain a record of the date of posting of a notice, not simply of that notice having been generated (e.g. the date that any third-party Mail Consolidator actually put it in the postal system)
f) of the operator’s complaints procedure in accordance with Clause 11; and
g) if payment is made, they cannot appeal.
NOTE: Details of organisations that offer free debt counselling and/or legal advice services may be provided in correspondence to drivers, keepers or hirers, though the parking operator is under no obligation to endorse or recommend any particular service.
4.1.3. The parking operator must ensure that the notice does not invite or require the recipient to provide a stamped addressed envelope as a prerequisite for their appeal.
NOTE: Whilst the provisions of Schedule 4 of the Protection of Freedoms Act 2012 allow parking operators to issue a parking charge to a vehicle keeper or vehicle-hire firm, operators must not, when issuing a parking charge, presume that the keeper of a vehicle was the driver at the time without offering them the opportunity to identify the driver. Where the keeper fails or refuses to identify the driver, it may be used as evidence that they were the driver unless the keeper is able to evidence they were not.
4.2. Parking charge levels
4.2.1 Parking charges must not exceed £100.
4.2.2. A reduction of a minimum of 40% must be offered where payment is made within 14 days of the issue of the Notice to Driver, where a notice is issued at the time of the parking event, or of the issue of the Notice to Keeper and/or Notice to Hirer, where the first notice is sent through the post.
4.2.3 Where the parking tariff exceeds the discounted amount of the charge for breaching the terms of parking, the full payment of the tariff may be pursued, and up to an additional £60 may be added to the unpaid tariff. Where a parking charge is issued in accordance with this clause 4.2.2 is not applicable.
4.3 Parking operators must ensure that they only issue Parking Charges in accordance with their advertised terms on any site. Such terms shall not entitle any operator to issue more than one parking charge in the same calendar day for the same parking event.
NOTE: In the event of a new calendar day, the operator must not issue a further Parking Charge for the same parking event within a 12-hour period from when the previous Parking Charge was issued. Where a vehicle is moved at any point, this constitutes a new parking event.
4.4. Process for Appealing a Parking Charge
4.4.1. Where a parking operator accepts payment of a parking charge, they do not need to offer the ability to appeal, provided this is clear in the notice. Parking operators must provide a process for motorists to appeal against a Parking Charge (including an unpaid parking tariff) in accordance with Annex C, which:
a) allows that the parking charge may be appealed within 28 days;
b) requires the parking operator to respond to appeals within 28 days or, where a decision on the appeal is not concluded within 28 days, requires the parking operator to acknowledge the appeal and confirm the timeframe for concluding it, including the supply of additional information;
c) requires the parking operator to consider appeals received outside of the normal 28-day period allowed for lodging an appeal where the appellant provides evidence of exceptional circumstances for the appeal not being lodged within the normal timeframes.
NOTE: “Exceptional circumstances” may include the recipient being away or abroad when the notice was delivered, hospitalised as an in-patient or delivered to the wrong address through no fault of the motorist.
Where a Parking Charge becomes overdue, a sum of up to £70 may be added.
NOTE: This does not prohibit costs being awarded by the court or additional fees being added through the court and enforcement process, where there are statutory escalation processes
6.1 If a driver, keeper or hire company does not respond to a notice or subsequent correspondence, or a parking charge has not been paid in full, reasonable endeavours – including contacting credit reference agencies to undertake a ‘soft credit check’ – must be undertaken by the parking operator and/or its appointed debt resolution agent to establish the correct correspondence details of the driver, keeper or hire company before commencing enforcement action.
NOTE: Enforcement action is any action undertaken to pursue an overdue parking charge. A parking charge becomes overdue after the expiry of the 28 days, where payment is required, or once the appeals process has been completed and the time to pay at the full rate has passed.
6.2 Where a new address is discovered, and the motorist provides evidence that they did not know of the parking charge through no fault of their own, the motorist should be offered the ability to appeal and/or pay at the original rate.
6.3 Debt resolution agencies that are involved in the collection of debt related to parking charges must be full members of an ATA.
NOTE: Debt resolution agencies include all organisations involved in resolving overdue parking charges pre, during or post court judgment. They must be either a BPA Approved Operator Service Provider or an IPC Accredited Service Provider.
6.4 Parking operators must ensure that a statement indicating that free debt advice and/or legal advice services are available is included in all pre-action or debt-recovery stage communications with drivers, keepers and hirers concerning parking tariffs or parking charges.
7.1 The parking operator must have and follow a documented policy and procedure to receive, evaluate, make and record its decisions on complaints in a non-discriminatory manner, in accordance with the requirements of the ATA (including escalation where the complainant is dissatisfied) to which it belongs, published on its website, including the action a complainant can take where dissatisfied with the operator’s determination of their complaint. Where complaints will only be considered if received in writing (hard copy or by e-mail), the parking operator must ensure that the address to which complaints are to be sent is readily available, e.g. on the operator’s website and notices.
7.2 Where a parking operator receives a complaint that it considers to be or include an appeal against the validity of a parking charge, the parking operator must also treat it as an appeal for the purposes of applying the timescales in Clause 4.4, and should inform the complainant as such unless and until it is clear that the complaint is not relevant to an appeal or the complainant informs the parking operator that they do not wish it to be so handled.
NOTE: It might not be immediately apparent that a complaint served as such relates to one or more specific parking charges, possibly by way of a clarification that reveals that an appeal would be worthwhile, hence parking operators are advised to record and handle complaints as appeals until they are found conclusively not to be so or patently refer to matters not relevant to the validity of a parking charge.
7.3 A complaint must be acknowledged by the parking operator within 14 days of its receipt unless exceptional circumstances apply, in which case the complainant must be kept informed by the operator.
NOTE: For a small operator, there might from time to time be limited administrative capacity to handle communications, e.g. due to staff sickness.
7.4 A full response to a complaint must be provided by the parking operator within 28 days of its receipt unless exceptional circumstances apply, in which case the complainant must be kept informed by the operator.
7.5 Private parking operators must record information in accordance with clause 8.
8.1 Where records are required to be kept in accordance with this code, they shall be kept for 36 months unless there is a legal obligation to the contrary.
8.2 Parking Charges
8.2.1 All parking charges which are issued, including:
a) Unique identifier (Parking Charge Number)
b) Date of contravention
c) Time of contravention
d) Date of issue of first notice
e) Location, including outward postcode
f) Reason for issue (contravention)
g) Status
8.3 Internal Appeals and Independent Appeals
8.3.1 Unique identifier for parking charge (i.e. Parking Charge Number)
8.3.2 Date of appeal
8.3.3 Date appeal concluded
8.3.4 Outcome of appeal, i.e. accepted, rejected, reduced in line with appeals charter, goodwill gesture, withdrawn
8.3.5 Where an appeal has been accepted:
8.3.6 Location including outward postcode
8.4 Complaints
8.4.1 When a complaint is received, the parking operator must record:
8.4.2 The date of the complaint
8.4.3 A copy of the complaint
8.4.4 A copy of all correspondence
8.4.5 The outcome;
8.4.6 The details of any corrective action that may be required and undertaken to ensure the situation does not recur (where the complaint has merit), including such advice as may have been given to the complainant
8.5 Training Record
8.5.1 Training for individuals performing the following functions must be recorded:
8.5.2 Training record must include:
COMMENTARY ON ANNEX B
Factors to be taken into account are detailed in the relevant clauses. It is important to note that where there is evidence, the consideration period has expired; the minimum period of time for the consideration is not relevant; however, the operator should retain evidence to show how the consideration period had ended.
The significance of whether the consideration has expired is fundamental, as it is the point at which the driver has accepted the terms and conditions attached to the controlled land in question. A consideration period is not a free period of parking.
B.1 The minimum consideration and grace periods listed in Table B.1 must be applied by parking operators.
NOTE: The consideration period may end earlier than the times prescribed in Annex B where there is evidence that the driver has accepted the terms and conditions applying (whether or not they have chosen to read them), which may, for example, be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or remaining stationary for more than 5 minutes.
B.2 Parking operators must register with the ATA to which they belong, and the consideration periods they intend to apply to individual sites, before issuing a parking charge.
| Type of Controlled Land | Consideration Period (mins) | Grace Period (mins) | Entrance Sign to Display |
|---|---|---|---|
| Free for a period of 1 hour or more | 5 | 10 | Duration of free parking |
| Tariff for parking - pay up front for a specified period | 5 | 10 | Parking tariff applies |
| Tariff for parking - pay on departure | 5 | 10 | Parking tariff apllies |
| Tariff for parking (booked in advance) | N/A | 10 | Parking tariff applies |
| Tied to an event | 5 | N/A | Specify permitted use |
| Tied to custom | N/A | 5 | Specify permitted use |
| Pre-Booked Users | N/A | N/A | Specify permitted use |
| Permit Areas | 5 | 10 | Specify Permitted Use |
| No Stopping | While driving | N/A | No stopping |
NOTE 1: It is important to stress that the consideration period is the amount of time a driver has to decide whether or not to park, including the time needed to find an available parking space. Should the driver decide to do so within the consideration period, e.g. by purchasing a pay-and-display tariff ticket in less than 5 minutes, or if there is evidence that the driver has left the location, e.g. by observation by an attendant, the consideration period is deemed to have expired, other than for pay-on-exit premises.
NOTE 2: Some parking facilities are only opened to the public – generally ticket holders – when specific events are running, e.g. music festivals or sports events where parking is on land not generally open to public parking. A consideration period could still be relevant to the driver’s understanding of such terms and conditions as may apply, where they had not been made available in advance, e.g. when tickets to attend had been booked, or where prebooking of tickets for the event was not obligatory.
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