Time to force a legal change.

ManxRed

I would add to that excellent post from Black Spangle above that the onus of proof on allegations raised by an appellant (e.g. that the charge is not based on losses, or that a contract does not exist, signs were hidden/non-existent etc.) is on the operator, not the appellant.

hoohoo

BlackSpangle wrote: »

One more thing:

1. Every appeal to the selected appeals service must come with a reference to a current, available, unredacted contract between landowner and operator. The appeals service should automatically grant an appeal if there is no explicit transfer of authority to issue tickets and pursue debts in the operator's name.

And another

Appeals must be accepted by traditional methods, such as post, so that members of society without access to the internet are not disadvantaged. (Currently the IAS only accept appeals submitted via their web page).

peter_the_piper

It would also be nice to be able to have data on numbers,( both successful and failures) of appeals going through toe system. I believe we currently have this from POPLA but not sure if its an FOI request or they just give it.

Marktheshark

MP's answer to pounds shillings and pence, not the general public.
PPC have money, lots and lots of money.
No brainer to work who's side they are on.

Only an organised motorist friendly party will make them listen, the threat of nose out of the trough soon wakes them up a bit.
Amazed that even UKIP dont want the motorist vote.
All parties are united in the war against the motorist.

Umkomaas

peter_the_piper wrote: »

It would also be nice to be able to have data on numbers,( both successful and failures) of appeals going through toe system. I believe we currently have this from POPLA but not sure if its an FOI request or they just give it.

Contained in POPLA's Chief Adjudicator's Annual Report (in the public domain).

http://www.britishparking.co.uk/write/Documents/AOS/POPLA_report_embargoed_until_2pm_4.6.13.pdf

BlackSpangle

So, were I to simplify my verbose comment, it would be to mandate that any DVLA acceptable ATA must provide access to an IAS which is

1. Accessible: no one should be denied access because of their location or availability of services beyond the statutory requirements of access (e.g. the postal service).
2. Consistent: Decisions made by the IAS should be broadly consistent with the facts raised by both appellant and operator. Wildly differing outcomes based on similar evidence should not occur. (Even the PPCs would prefer this, although only in cases ruling in their favour, no doubt!)
3. Transparent: The personnel, methods, throughput and results of the IAS should be published and audited to ensure acceptability to the DVLA. This audit to be done annually.
4. Legal: The precedents established by court rulings should bind the IAS's deliberations. This also should reflect the various devolved powers settlements. Thus, the DVLA should not divulge keeper data for parking contraventions where the keeper is resident in Scotland, or the contravention occurred in Scotland. (prob NI as well); until such time as the relevant Parliament enacts such keeper liability. This should also include the relevant observation of the Equality Act to protect disabled persons.
5. Fair: the standard burdens of proof as would be needed in a court shall be present at all times. That includes: those making any claim must establish the evidence to support it; those defending must be able to see and rebut such evidence; all points raised by either side must be considered; the ongoing legal right of the operator to pursue the motorist must be presented with each claim.
6. Timely: an appeal must be heard within no more than 45 days of the appeal being launched. No action is permissible by the operator until the appeal is decided.
7. Reasonable: any decision made by the assessor must be appealable in the case of failure to observe the relevant processes, either to the IAS itself, or in last resort, the courts.

Other constructions are certainly possible.

But one thing which drives me mad, and needs to be fixed pronto: The DVLA has not discharged its duty to the public at large by devolving observation of the ATA's code of practice back to the ATA. In other words, if an operator breaches the acceptable terms of data access, then the DVLA is solely responsible for restricting data flow to the offending operator. None of this "Oh, we asked the BPA to tell them, but we can't tell the BPA what to do" malarkey.

bazster

Cornucopia wrote: »

para 4: should this be "flaunting"?

No, it should be "flouting".

BlackSpangle

Marktheshark wrote: »

MP's answer to pounds shillings and pence, not the general public.

A common enough sentiment, but one I find incorrect. MPs do answer to those members of the public who engage with them consistently and reasonably.

Of course, it always helps if a group of concerned persons act as one to ensure a consistent message. Cynicism is a certain loser as a strategy, although it sometimes provides consolation when an effort fails.

Case in point: charities often do not have bundles of cash to splash on MPs. But they still attract parliamentary support. What they have is determination and common interest in support of their worthy cause.

Amazed that even UKIP dont want the motorist vote.

Again, not sure that tacking this to a particular party is helpful. Whether you love or despise UKIP should be irrelevant. This isn't a Jeremy Clarkson pub-bore-rant style issue (if it becomes that, then the cause is lost already). It's about a chunk of our society being unfairly hounded by unregulated chancers.

Castle

hoohoo wrote: »

And another

Appeals must be accepted by traditional methods, such as post, so that members of society without access to the internet are not disadvantaged. (Currently the IAS only accept appeals submitted via their web page).

According to the IPC website you can post appeals but you have to download the forms first!!

peter_the_piper

Umkomaas wrote: »

Contained in POPLA's Chief Adjudicator's Annual Report (in the public domain).

http://www.britishparking.co.uk/write/Documents/AOS/POPLA_report_embargoed_until_2pm_4.6.13.pdf

Thanks for that, the neat trick would be to get the IAS figures which I seem to remember they are a tad reluctant to hand out.