The Advertising Standards Authority (ASA) has taken action against two companies, banning their promotional flyers that were deliberately designed to look like official parking tickets. The advertising watchdog upheld complaints made against Golf Fang Liverpool, an indoor golf venue, and Parc, a car parking application, ruling that their marketing tactics caused “unjustifiable distress” to drivers.
The contentious flyers, distributed in Liverpool and Manchester, were encased in distinctive yellow and black plastic, mimicking the appearance of a genuine penalty charge notice. Golf Fang's leaflet, first observed in April, carried text such as “PENALTY CHARGE NOTICED ENCLOSED” and a warning that “it is an offence for any person other than the driver to remove this notice”. However, upon opening, the leaflet reassured the recipient they had not been fined, instead directing them to the company's website.
Similarly, Parc's flyer, reported in February and March, featured an internal message apologising for the initial scare. It stated, “This isn't a real parking fine, but if you did actually get one today, that's exactly the kind of stress we're trying to stop.” Both campaigns were criticised for their deceptive presentation, which leveraged the immediate anxiety associated with receiving a parking fine to capture attention.
The ASA's ruling cited the CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing), which mandates that marketing communications must be “obviously identifiable” as such and clearly convey their commercial intent. Furthermore, the code stipulates that marketing should not induce fear or distress without a justifiable reason, and if justified, the distress should not be excessive. The use of shocking claims or images solely to attract attention is also prohibited.
Following the ruling, Golf Fang confirmed it would not re-run what it described as a “short promotional campaign”. Parc also issued an apology, committing to ensuring that all future campaigns are “obviously identifiable” as advertisements from their initial presentation, acknowledging the concerns raised by the ASA and the public.