The BPA Still Don't Get It.

trisontana

I have just been looking at the the BPA's new "Consumer Guide" for motorists:-
http://www.britishparking.co.uk/write/Documents/AOS/Code_of_Practice_for_Parking_on_Private_on_Land_-_Connsumer_Guide_2012.pdf

Two things struck me :-

If you are the registered keeper of a vehicle, you might
receive a parking ticket through the post for a driver who
is using the vehicle. If you were not driving this vehicle
when it broke the terms and conditions of the car park
or private land, we recommend that you give the driver’s
details to the operator. If you cannot do this, remember
that in England and Wales the law says you could have to
pay any parking charges for the parking ticket.

I thought the the BPA sent out an email saying that the RK is still not liable to pay a parking charge?

And this little gem:-

It’s very easy to avoid a parking ticket:
don’t park where you shouldn’t,
and pay when you should.

But that doesn't include having your wheel touch a line or staying few minutes over time in a free car park.

taffy056

I'm in discussions with the dvla about that very thing tris, the reply I got appears to contradict the bpa advice to the ppcs , but mike from the dvla says parking eye are compliant, it makes little sense. If you look at the leaflet from PE in the new stickies it says exactly that the RK is liable, but the bpa says they are legally not liable. Plain English it's not

surfboy1

Just my humble oppinion but it looks to me thay Parking Eye can not do any wrong in the eyes of the DVLA.
Maybe it is because Parking Eye give them plenty of £2.50's?
Infact dont they give them the most £2.50's out of all the PPCs That access RK details?

taffy056

So this is what I complained about



This was my complaint

I would like to make a complaint about Parking Eye and their wording being used since Keeper Liability came into force on 01/10/12 , I believe it fails on several points, noticeably on the keeper becoming liable to pay this charge......

"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.

This was the response

Car Park companies cannot make a blanket statement about keeper liability.

A car park company is entitled to recover charges for breach of the terms of use of a car park from the driver or (in the circumstances prescribed in Schedule 4 of the Protection of Freedoms Act 2012) the registered keeper of the vehicle.

We have examined the documents you sent and have no issue with them.

Parking Eye make reference to Schedule 4 and the new appeals procedure in their communications.

Further questions to them

Thank you for the reply, I just want to clarify something with you if you don't mind. The BPA has issued this statement in relation to keeper liability. Could you tell me if this is the BPA getting things wrong, or is it fact but you are still happy to say that Parking Eye are compliant ?

Many thanks

And this was the last response

The BPA statement is correct. Keepers are not liable for breach of contract, the driver is. However, under Schedule 4 of POFA the keeper will be liable to pay the charge if they will not or cannot name the driver with a serviceable address.

We will accept any statements that accurately reflect Schedule 4 of POFA.

So how does that make sense, there appears to be a contradiction there

nialucasnia

just recieved a letter from recovery plus regarding a private parking fine from december last year,i didnt pay the fine as i wasnt driving the car.now they say the law has changed.what do i do now

BASFORDLAD

nothing ignore but dont hijack other threads

The_Slithy_Tove

nialucasnia wrote: »

just recieved a letter from recovery plus regarding a private parking fine from december last year,i didnt pay the fine as i wasnt driving the car.now they say the law has changed.what do i do now

First, don't worry. While there has been a change, it does not and can not apply retrospectively to old tickets.

Next, you please tell us exactly what the letter says. Preferably scan it, scrub out your personal details, and post it here.

If Recovery Plus are claiming that the law change applies to your ticket issued last year, they could get themselves into lots of trouble. We woiuld love to help them shoot themselves in the foot. Which is why getting sight of the letter is important, so we can check if they have committed a faux pas.

Coupon-mad

nialucasnia wrote: »

just recieved a letter from recovery plus regarding a private parking fine from december last year,i didnt pay the fine as i wasnt driving the car.now they say the law has changed.what do i do now

As said by the Slithy Tove, please show us that letter. Scan it in or take a close-up readable photo of it with your personal details & their refs covered, host it on tinypic or any free photo hosting website, imageshack or whatever.

You can't post complete links in a reply yet so you will need to just remove the http:// from the URL pic link before you submit your reply here.

We think that letter could get Debt Recovery Plus into trouble which would be marvellous!