If these are new terms and conditions for parking at this location, the operator is required under Schedule 1 (Signage) of the IPC CoP:
Changes in Operator's Terms and Conditions
Where there is any change to any pre-existing terms and conditions that would not be immediately apparent to a person visiting the Car Park and which materially affects the Motorist the Operator should place additional (temporary) notices at the entrance making it clear that new terms and conditions/charges apply, such that regular visitors who may be familiar with the old terms do not inadvertently incur Parking Charges. Notices should be in addition to the signage ordinarily required and left in place for an appropriate period.
Whilst typical of the scamming nature of the IPC members, "appropriate period" is not defined. However, should this ever need to go in front of a judge, the lack of definition could be compared to the same requirement under the BPA CoP which
is defined as "a period of not less than 4 months".
Interestingly, in the latest IPC CoP v9, section 25, Legal and Additional Obligations:
25.1 The Code complements the relevant legislation and related guidance, which will define the overall standard of conduct for all Operators. Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses.
Examples of relevant law and guidance within this sector are:
a) Consumer Protection Law;
b) Contract Law;
c) The Data Protection Act / The General Data Protection Regulation (EU) 2016/679;
d) Equalities Act 2010;
e) Occupier's liability both in statute and tort;
f) Parking (Code of Practice) Act 2019;
g) Protection of Freedoms Act 2012, including Schedule 4;
h) Tort of trespass.
Whilst the PPCoP Act may be temporarily withdrawn, if the ATA says that the operator has an "obligation" and a requirement to implement relevant guidance, then they should be following such "guidance" as is intended to be implemented in law.
The (temporarily) withdrawn PPCoP section 3.4 states:
3.4 Material change – notices
Where there is any material change to any pre-existing terms and conditions that would not be immediately apparent to a driver entering controlled land that is or has been open for public parking, the parking operator must place additional (temporary) notices at the site entrance for a period of not less than 4 months from the date of the change making it clear that new terms and conditions/charges apply, such that regular visitors who might be familiar with the old terms do not inadvertently incur parking charges.
Examples of material changes can include introduction of parking enforcement where none has previously applied, introduction of time-limited free parking, or reductions in the time limit within which free parking is available. Given the need to avoid confusion and clutter at entrances the test is whether the fact that a change has been made is clearly signalled to drivers on entering the land and the nature of the change is clearly displayed thereafter - it may also be necessary to install repeater notices depending on the scale of the premises.
https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practiceWhilst the PPCoP is not retrospective, all non-monetary clauses are unchallenged by the parking industry. The DLUHC PPCoP will replace the self-serving BPA & IPC CoPs, which are not regulatory and carry limited weight. In a clear steer for the Courts and for the avoidance of doubt, the DLUHC say they are addressing ‘market failure’.