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DVLA to Listen to Consumers

Full story here: http://www.clearest.co.uk/news/2012/11/5/forum_to_advise_on_preventing_private_parking_rip_offs

Dodgy practices in the private-parking industry have led the Driver and Vehicle Licensing Agency (DVLA) to create an advisory committee of consumer and motoring bodies to help sort out the mess, much of which stems from unclear signs and documents.

The new ‘DVLA Consumer Forum on Private Parking Management’ will include people from the AA, the RAC, Which?, Trading Standards, the Office of Fair Trading and Citizens Advice, as well as Martin Cutts of Plain Language Commission and Nev Metson, the former police officer who has exposed many of the worst private-parking rip-offs. As we’ve reported, the industry chases drivers for around £160million a year in phoney (ie, non-official) fines for supposedly breaching car-park rules. The forum will meet twice a year.

I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Comments

  • Kite2010
    Kite2010 Posts: 4,311
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    And will the BPA and it's members take the advise of the advisory committee?

    Nope
  • taffy056
    taffy056 Posts: 4,895 Forumite
    Happy to say it was myself and maybe others, who emailed the bbc xRay programme mentioned in the link about excel being banned from dvla access. I'm really pmsl over that . As for this well nev and Martin are on it so lets see
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    This is great news and a step forward
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
  • trisontana
    trisontana Posts: 9,472
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    edited 7 November 2012 at 8:35AM
    I see the BPA have been invited to this forum:-

    We are aware of the DVLA Consumer Forum and have been invited to take part. We are happy to support any initiative that can improve standards across the private parking sector and that can help create a fairer landscape for all – motorists, landowners and operators.

    Steve Clark
    Head of Operational Services (BPA)
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • HO87
    HO87 Posts: 4,296 Forumite
    Kite2010 wrote: »
    And will the BPA and it's members take the advise of the advisory committee?

    Nope
    The group has been formed to advise the DVLA not the BPA - and they only have a minority presence. If the DVLA listens to the advice it is given and issues directives based on that then the BPA will have no option but to dance to their tune. DVLA access is the golden goose (as I think I first described it some three years ago) and loosing that collectively (through, perhaps withdrawal of ATA status) or as a result of a larger or more extensive series of suspensions - as we have seen recently - is the BPA's nightmare scenario. It is not unreasonable, I'd suggest, to conclude that the formation of this group indicates that the DVLA is seizing the initiative. And quite properly so.

    We are not out of the woods yet - not by a long chalk. However, after many years of shouting from the wilderness, being dismissed as a disgruntled anti-lobby by the BPA, we have demonstrated that what we have been saying all along has at least some merit. It is my view that the underlying cause of the BPA's current predicament is not so much the POFA/POPLA debacle (let's be honest - that has yet to play out) but the revelation of the correspondence surrounding the legislative impact assessment, coupled with the FOI case number details from last year.

    A neutral assessment of those documents allows for only a relatively limited number of conclusions to be drawn. Either the BPA was making it up as they went along; they were misled by their membership or the BPA was unable through a lack of resources, understanding or management to conduct an adequate survey of its membership (I'm well aware of the BPA's case that they were pressed for time but the "survey" they eventually provided was as the result of repeated demands from the DVLA. To cap it all, so out-of-whack were the figures provided that the DVLA questioned them and they were revised). In any event, IMO, regardless of which conclusion (or combination of them) applied the nett effect was to call the BPA's standing into question.

    This then combined with the VCS Upper Tax Tribunal judgment, and the utter debacle at Scun thorpe. It is probably just as well that the latter case was heard in the county court because I am quite sure that had it been heard at a court of record (and therefore established precedent), aside from the fact that it would undoubtedly be being appealed, the PPC case would have been terminally undermined.

    Then of course we have lurched through the POFA advent and the notorious BPA email to its members. These again have a distinct air of mismanagement about them and whilst this may not have been of the BPA's design nor even as a direct result of their actions (or inactions) they suggest a lack of real engagement with their membership (or, indeed, engagement by their members with the BPA). Something is clearly wrong in Toyland.

    That having been said, there is still a sizeable wheel to be shouldered and there is no reason to give up now nor even ease off the gas. In fact, quite the contrary. Now is the time to become even more enquiring and vigilant.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • bargepole
    bargepole Posts: 3,238
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    HO87 wrote: »
    ... It is my view that the underlying cause of the BPA's current predicament is not so much the POFA/POPLA debacle (let's be honest - that has yet to play out) but the revelation of the correspondence surrounding the legislative impact assessment, coupled with the FOI case number details from last year....
    <puffs out chest> ... if that is so, then I'm proud to have played my part in revealing those BPA lies. I think I'll award myself a chocolate hobnob!

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • trisontana
    trisontana Posts: 9,472
    Part of the Furniture 1,000 Posts Combo Breaker
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    This morning I asked Steve Clark of the BPA whether those six banned companies are going to be disciplined for their actions that led to the bans, and whether there is a conflict of interest over at least two senior figures from these companies sitting on the BPA board. This is his reply:-

    We don’t discuss individual disciplinary cases with third parties – I hope that you appreciate our position on confidentiality in such matters. Please be assured that all cases are considered on their individual merits and it makes no difference to the outcome of any case whether the member concerned is on the Board or not. There is no conflict of interest.


    As usual, a non answer.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • esmerobbo
    esmerobbo Posts: 4,979
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    trisontana wrote: »
    This morning I asked Steve Clark of the BPA whether those six banned companies are going to be disciplined for their actions that led to the bans, and whether there is a conflict of interest over at least two senior figures from these companies sitting on the BPA board. This is his reply:-

    We don’t discuss individual disciplinary cases with third parties – I hope that you appreciate our position on confidentiality in such matters. Please be assured that all cases are considered on their individual merits and it makes no difference to the outcome of any case whether the member concerned is on the Board or not. There is no conflict of interest.


    As usual, a non answer.

    Well according to Patrick Troy the DVLA was wrong too suspend them!

    http://www.transportxtra.com/magazines/parking_review/news/?id=32653
  • trisontana
    trisontana Posts: 9,472
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    edited 7 November 2012 at 5:04PM
    He would say that, would't he?

    So we can assume it from Troy's statement that those six members won't suffer any disciplinary action at all.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • BASFORDLAD
    BASFORDLAD Posts: 2,418 Forumite
    edited 7 November 2012 at 5:28PM
    The BPA acknowledged that the wording used by the six firms was in breach of its code of practice. But the association argued that the DVLA’s decision to ban the firms from receiving keeper data was “disproportionate”.

    The BPA’s chief executive Patrick Troy said he was disappointed that the DVLA had imposed the databan just weeks after the ban onclamping and removals on private land, which came into force on 1 October. He also argued that the DVLA should have given the new independent private land appeals service POPLA the chance to get underway before imposing any bans.

    Whilst we recognise that the DVLA is often criticised for giving out motorists’ data, we are concerned to ensure that the response to any breach is proportionate,” Troy told Parking Review. “We have already shared this view with colleagues at the DVLA but have now formally written to its chief executive. Having established POPLA at significant cost to AOS members and because we see this as a means by which motorists can obtain redress when faced with any alleged shortcoming by operators, we have also written to Norman Baker, the responsible minister, to emphasise this concern.”

    Why shoud popla have been given time? Whats it got to do with theses breaches? He doesnt like it when things are not going his way. Sounds like he has thrown his toys out of the pram.

    I would like to see that letter he wrote.....

    I hope the DVLA don't back down!!!
    For everthing else there's mastercard.
    For clampers there's Barclaycard.
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