Version 3 of BPA Code of Practice

Stroma

An updated version has been unleashed on us, effective June 2013. But any parking incidents prior to this date falls under the previous versions. No matter what Parking Eye and others say this version is not retrospective .


http://www.britishparking.co.uk/write/Documents/AOS/AOS_CoP_June_2013_update.pdf

Coupon-mad

Just looking at it now, thanks for posting it Stroma.

Is this bit new - if it's not then I have missed a trick or two?!

I like this, I will quote it for new 'Equality Act breach by PPC' cases:

''2.4 When there is relevant legislation and related guidance, this will define the overall standard of conduct for all AOS members. All AOS members 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:
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]contract law
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]tort of trespass
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]data protection law
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]consumer protection law
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]Protection of Freedoms Act 2012 (POFA), including Schedule 4 (included as Appendix C to the Code)
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]DVLA Guidelines for Accredited Trade Associations
[FONT=Gill Sans,Gill Sans][FONT=Gill Sans,Gill Sans]• [/FONT][/FONT]equalities law.




and a nice one to quote to POPLA every time!

''2.6 By creating the Code the parking industry has set out the minimum standards by which you will be judged by anyone coming into professional contact with you. Members of the public should be able to expect that you will keep to the law, and act in a professional, reasonable and diligent way.''

Stroma

And as the Welsh version of the Code of Practice hasn't been updated, this new version doesn't apply in Wales, you can't have discrimination because you don't speak Welsh. The October 2012 English language one applies there only.

As such the advice in Wales could be slightly different in my opinion. I wonder what Bargepole and others who probably know more than me thinks about it ?

Stroma

And here is the cop out

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

Guys_Dad

Thanks for that.

22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times

That is where they are likely to fail by not telling the motorist that 35 days can't be met. And the 2nd point about If the date can't be met says that a revised resolution date needs to be agreed. That means the motorist has to accept the revised date for it to be agreed, and "Computer says NO"

Guys_Dad

And furthermore the BPA can say what it likes about exceptional circumstances extending the 35 days, but until POPLA changes it position, they can take a running jump.

From POPLA's web site

On receipt of your representations, the operator must:

Consider any representations received within the time allowed for representations;
Acknowledge or reply to the representations within 14 days of receiving it;
Decide whether to accept or reject the representations;
Within 35 days of receiving the representations, accept or reject it and inform the maker.
If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.

Suggest we keep an eye on POPLA site for changes to that para.

Stroma

Yes keep an eye on the popla (bpa) page, I would bet my house on it changing

Umkomaas

Guys_Dad wrote: »

And furthermore the BPA can say what it likes about exceptional circumstances extending the 35 days, but until POPLA changes it position, they can take a running jump.

From POPLA's web site

On receipt of your representations, the operator must:

Consider any representations received within the time allowed for representations;
Acknowledge or reply to the representations within 14 days of receiving it;
Decide whether to accept or reject the representations;
Within 35 days of receiving the representations, accept or reject it and inform the maker.
If they have accepted the representations or failed to respond within 35 days, cancel the notice to keeper (where the parking charge notice was served at the scene) or the parking charge notice (where this was served by post) and refund any sums paid.

Suggest we keep an eye on POPLA site for changes to that para.

I expect there'll be a BPA missive waiting in their 'In Box' when they get to work tomorrow.

Aaron_Aadvark

"22.8 You must acknowledge or reply to the challenge within 14 days of receiving it. If at first you only acknowledge the challenge, or your reply does not fully resolve it, normally we would expect you to seek the additional information you require from the motorist and accept or reject the challenge in writing not more than 35 days after the information required to resolve it has been received from the motorist. It is acknowledged that in exceptional circumstances, an investigation into a challenge may take longer than 35 days after such information has been received and in these instances the motorist must be advised accordingly and given a date by which they can expect a resolution. If this date cannot be achieved then the motorist must be written to again and a revised resolution date agreed. We may require you to demonstrate that you are keeping to these times."

No doubt the PPC will claim that they cannot resolve the appeal because the appellant has not provided their goldfish's birthday.

Guys_Dad

Aaron_Aadvark wrote: »

No doubt the PPC will claim that they cannot resolve the appeal because the appellant has not provided their goldfish's birthday.

Getting tired and lazy, but is there anything in the POFA about the timescale of 35 days or is/was this a BPA guideline.

(For some reason, my browser's "Find" won't search the COP.)

waamo

I suspect what the likes of Parking Eye (who seem to think the 35 day limit has never applied to them) and POPLA view as exceptional may differ greatly.

A tailored appeal specially for PE may be useful along the lines of:

Dear idiots,

I deny that I was in any breach of the terms and conditions. I have no further evidence or any more to add before submitting my evidence to POPLA. This appeal is therefore unexceptionable and should be decided promptly on these facts.

You can almost guarantee they wont get it right then hit them with both barrels at POPLA.