British Parking Association Code of Practice

[Crocdoc]

I note that the BPA have published their new Code of Practice on their website, It is interesting to read the maximum charge of £100 is mentioned time and time again. However, I am at a loss to understand how amounts such as this can be an accurate pre estimate of loss particularly when the Department for Transport has issed the following statement.

 

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

At the end of this rather long an boring document clearly designed to try and justify the existence of this questionable industry , it states that courts action or debt collectors should be used to try and recover unpaid charges. In my opinion, the above DfT statemnt combined with the recent case in S****horpe case will deter them from using the courts and of course we have been ignoring debt collectors since the Duke of Edinburgh was a boy.

 

 

So is there any real change other than the long overdue clamping ban in England and Wales and the fact that the keeper/owner of the vehicle now has the opportunity to IGNORE.

Edited September 28, 2012 by Crocdoc
typing error

[Michael Browne]

BPA Code of Practice for Parking on Private Land and Unregulated Car parks - Version 1, October 2012

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/content.php?901-Private-Parking-Companies-continue-to-bully-motorists-backed-by-a-new-Government-Code.

[Crocdoc]

The appeal's procedure or keeper liability will not of course impact on Scotland or Northern Ireland, however has anyone actually had sight of the POPLA code of Practice outlining grounds for appeal. OR IS IT A SECRET?

Edited September 28, 2012 by Crocdoc

[Michael Browne]

http://popla.org.uk/makinganappeal.htm#grounds

[Crocdoc]

The following is interesting in as much as it is acomplete waist of time.

 

The parking charge (ticket) exceed the relevant amount: e.g. that you are being asked to pay the wrong amount for the parking charge or that the charge has already been paid. However, the fact that you think that the charge is excessive is not a valid ground of appeal.

 

So if they want their excessive charges it is back to square one, THE COURTS where they will required to quantify the loss.

Edited September 29, 2012 by Crocdoc

[DBC]

Although there will be "keeper liability", it does not mean that the keeper is actual liable for that charge. This has been confirmed by this email from the BPA to its members:-

 

"Dear AOS Colleague

 

It has been drawn to our attention that there is much public concern about some operators who continue to indicate on signage, parking charge notices and similar correspondence that the keeper is liable for the payment of parking charges due as a result of a breach of contract. This is not the legal situation now nor will it be after 1 October 2012.

 

DVLA has told us that two AOS members have recently been suspended by them for 3 months for doing this. Others may be at risk of an immediate suspension by DVLA.

 

As a matter of urgency, and to protect the reputation of the Accredited Trade Association and, ultimately, your business, I am instigating a thorough audit of these elements for all AOS members with immediate effect.

 

Please will you confirm and provide evidence that your current signage, parking charge notices, notices to owner, or correspondence with the keeper, in no way suggests that the keeper is liable for payment. Please submit your evidence by e-mail to Alpha Parking, the organisation that we have appointed to carry out this project for us at the following address: aos@aparking.co.uk

 

To assist you with transition arrangements and as a service to members Alpha Parking will also check these aspects in your proposed signage, parking charge notices, notices to driver and keeper, or other correspondence with the keeper is compliant with Code 2012 and the Protection of Freedoms Act requirements. Please send this information also to the above email address.

 

Alpha Parking will be undertaking this audit urgently, and in commercial confidence, reporting their findings to us in the next two weeks and so your evidence should be submitted by return please and certainly no later than Friday 28th September. Failure to do so will result in sanction points being awarded against you in accordance with the Scheme of Sanctions.

 

I appreciate that this is a busy time for everyone in the private parking sector but I cannot overemphasise how important it is that you assist us with this special audit. If the situation is as prevalent as has been suggested to us it is a serious matter for the credibility of the AOS itself and this is clearly a situation which everyone needs to avoid. We need to ensure that compliance and auditing is robust. You are required to do this now regardless of any recent audit by NSI and whether information held within our systems has been recently supplied.

 

This information and request is also being sent in letter form by Royal Mail.

 

I look forward to your cooperation and thank you in advance."