The 5-minute consideration period: what it means for your appeal

One of the most straightforward and frequently overlooked grounds for cancelling an airport drop-off charge is the 5-minute consideration period mandated by the BPA Code of Practice. If your vehicle was in the drop-off zone for five minutes or less, this ground alone is sufficient to require cancellation of your PCN.

Where does the 5-minute rule come from?

The British Parking Association (BPA) Code of Practice — to which operators like APCOA and NCP are bound as BPA members — requires that drivers be given a minimum 5-minute grace period on entering a private car park or charge zone. During this period, a driver is entitled to read the signs, assess the terms, and decide whether to stay or leave. No charge may be levied for any vehicle that exits within this window.

The principle is that a contract requires informed consent, and consent cannot be informed if the driver has not had a reasonable opportunity to understand the terms before committing to them.

Why this is particularly powerful for airport drop-offs

A typical airport drop-off — removing bags from a vehicle, ensuring the passenger reaches the terminal entrance safely, and leaving — takes between 2 and 5 minutes for most drivers. Many of the ANPR timestamps on airport PCNs show a recorded stay well within this window.

Even where the recorded time slightly exceeds 5 minutes due to exit queues or camera processing delays, this ground can be raised alongside the timing discrepancy argument.

Check your PCN: The entry and exit times will be shown on your Parking Charge Notice or in the accompanying ANPR photographs. If the recorded duration is 5 minutes or less, raise this ground prominently as your first argument.

How to use this in your appeal

You don't need to prove the exact duration — the burden is on the operator to demonstrate that your vehicle was present for longer than 5 minutes and that this exceeded the consideration period. Simply state that the vehicle was present for no more than 5 minutes and that the driver is entitled to the consideration period mandated by the BPA Code of Practice.

Our appeal templates include this as a numbered ground. You can use it alongside the POFA relevant land argument and the signage ground — any one of which is independently sufficient to require cancellation.

What if my recorded time was longer than 5 minutes?

If the ANPR record shows a longer stay — perhaps due to exit congestion — you should raise this separately as a timing inaccuracy argument, and explain the specific reason for the delay (e.g. a queue at the exit, congestion on the forecourt). The other grounds in our template remain valid regardless of duration.

Disclaimer: This article is for information only and does not constitute legal advice. For complex cases, consult a solicitor or Citizens Advice.