What if I was only a few minutes over the permitted time?

If the overstay was within 10 minutes of the permitted period ending, the BPA and IPC Codes of Practice require the operator to have allowed a grace period — the charge should not have been issued. Request the ANPR timestamps and calculate whether the overstay fell within the grace window. If it did, cite the specific Code section on grace periods in your appeal.

Can I appeal an overstay charge if the car park terms changed and I did not notice?

Possibly. If the terms changed since your last visit and the updated signage was not clearly visible on entry, inadequate signage may be a ground. Operators must display current terms prominently. If you can evidence that the signage was insufficient to bring the new terms to your attention (for example, the entry sign was obscured), raise this in Stage 1.

What is the difference between an overstay charge and a pay-and-display charge?

An overstay charge arises when you paid or were entitled to park, but exceeded the permitted duration. A pay-and-display charge arises when no ticket was displayed — regardless of duration. Both are breaches of the parking contract, but the evidence and defences differ. For overstay, the focus is on the dwell time calculation, grace periods, and ANPR accuracy. For non-display, the focus is on whether payment was made and why the ticket was not showing.

Overstay Charge

By GetRighted Legal Research TeamLast updated July 2026

Summary

An overstay charge is the most common type of private parking charge — issued when ANPR or patrol evidence shows a vehicle exceeded the permitted parking time. The legal basis is contractual: the car park's terms (displayed on signs) offer a licence to park for a specified period, and staying beyond it breaches the contract. The charge is enforceable under ParkingEye v Beavis [2015] UKSC 67 if the signage was adequate and the POFA procedure followed correctly. Key challenge grounds include: the grace period was not observed, the ANPR timestamps are inaccurate, the site signage did not clearly state the time limit, or the overstay was caused by exceptional circumstances.

How overstay charges are calculated

At ANPR-monitored car parks, an overstay charge triggers automatically when the system calculates that a vehicle's dwell time (time between entry and exit captures) exceeds the permitted period. The permitted period is set by the car park's terms and displayed on the signs. Common permitted periods are 1 hour free (retail), 2 hours with purchase validation, or a fixed paid period. The ANPR system must correctly identify the entry and exit events for the same vehicle — errors here (e.g., double entry events from a rising barrier) can inflate the calculated dwell time incorrectly.

Grace periods and the 10-minute rule

The BPA and IPC Codes of Practice require a minimum 10-minute grace period after the permitted time expires before an overstay charge can be issued. This is to accommodate drivers returning to their vehicle, paying for an extension, or dealing with a brief emergency. A charge issued the moment the permitted period expires — with no grace period — is a Code violation. At pay-and-display sites, most operators also apply a consideration period of 10 minutes on arrival. Check the ANPR timestamp for your charge against the permit expiry — was the 10-minute grace observed?

Genuine customer and validation defences

Many retail car parks offer free parking for genuine customers, either without limit or subject to validation with a receipt. If you were a genuine customer and received a charge — for example, because the validation machine was broken, the terms were unclear, or you were delayed by an incident at the store — this is a strong appeal ground. Provide purchase receipts showing you were a genuine customer on the day. Operators are encouraged by the Codes to exercise discretion in genuine customer cases.

Challenging an overstay charge

✓Check the ANPR entry and exit times — request both images from the operator and compare them against your own records.
✓Check whether the 10-minute grace period was observed after your permitted time expired — was the charge issued immediately at the boundary?
✓Check the car park signage for the permitted period — was the time limit clearly stated in a location you could reasonably have seen on entry?
✓If you were a genuine customer, gather receipts showing your purchase time and cross-reference with the ANPR record.
✓Consider whether exceptional circumstances caused the overstay — breakdown, medical event, road closure — and gather evidence.

Sources

ParkingEye Ltd v Beavis [2015] UKSC 67
BPA Code of Practice 2023, Section 13 — grace period
Protection of Freedoms Act 2012, Schedule 4

Frequently Asked Questions

What if I was only a few minutes over the permitted time?: If the overstay was within 10 minutes of the permitted period ending, the BPA and IPC Codes of Practice require the operator to have allowed a grace period — the charge should not have been issued. Request the ANPR timestamps and calculate whether the overstay fell within the grace window. If it did, cite the specific Code section on grace periods in your appeal.
Can I appeal an overstay charge if the car park terms changed and I did not notice?: Possibly. If the terms changed since your last visit and the updated signage was not clearly visible on entry, inadequate signage may be a ground. Operators must display current terms prominently. If you can evidence that the signage was insufficient to bring the new terms to your attention (for example, the entry sign was obscured), raise this in Stage 1.
What is the difference between an overstay charge and a pay-and-display charge?: An overstay charge arises when you paid or were entitled to park, but exceeded the permitted duration. A pay-and-display charge arises when no ticket was displayed — regardless of duration. Both are breaches of the parking contract, but the evidence and defences differ. For overstay, the focus is on the dwell time calculation, grace periods, and ANPR accuracy. For non-display, the focus is on whether payment was made and why the ticket was not showing.

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