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IPC 2nd Edition Code of Practice

arthurx1234
arthurx1234 Posts: 421 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 15 March 2016 at 4:57PM in Parking tickets, fines & parking
According to the latest IPC code of practice. Page 11 should have the following information about ---

Disabled Motorists
Charges and Terms and Conditions
Changes in Operator’s Terms and Conditions


When you read down on page 11 there is no mention of "Changes in Operator’s Terms and Conditions" it goes straight from Charges and Terms and Conditions to Byelaws.

So where is "Changes in Operator’s Terms and Conditions" ??

Is it hidden somewhere else in the document?

Are they trying to be even more incompetent?

What would a judge make of this error if a
defendants case hinged on something in the original COP that had been omitted from this revised COP ?


Arthur
PS Its probably a lot easier to read if you download the new COP and read the index informing you whats on page 11 and then read page 11

Disabled Motorists............................................................ 11
Charges and Terms and Conditions................................... 11
Changes in Operator’s Terms and Conditions................... 11

PART B


7. Disabled Motorists
7.1 Under the Equality Act 2010 it is your duty to make “reasonable adjustments” to assist disabled people to use any services you provide. It is incumbent on operators to determine what is necessary on their individual sites. Adjustments could include lowered pay and display meters, lowered signage and wider parking bays marked specifically for disabled drivers.

8. Charges and Terms and Conditions.
8.1 All Parking Charges issued by you must be reasonable and enforceable under any applicable legal provisions. If your charges amount to damages you should be able to demonstrate how such charges are calculated for each site as a ‘genuine pre-estimate of loss’ in order to be able to justify the amounts. More information on Charges can be found in Schedule 5.
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9. Byelaws
9.1 It is your responsibility to establish whether any land upon which you operate is subject to any Byelaws. Where land is subject to Byelaws you must ensure that your practices are in accordance with them or, alternatively, that you operate a scheme that is not prohibited by them.
BREXIT OOPS

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    7. Disabled Motorists
    7.1 Under the Equality Act 2010 it is your duty to make “reasonable adjustments” to assist disabled people to use any services you provide. It is incumbent on operators to determine what is necessary on their individual sites. Adjustments could include lowered pay and display meters, lowered signage and wider parking bays marked specifically for disabled drivers.

    8. Charges and Terms and Conditions.
    8.1 All Parking Charges issued by you must be reasonable and enforceable under any applicable legal provisions. If your charges amount to damages you should be able to demonstrate how such charges are calculated for each site as a ‘genuine pre-estimate of loss’ in order to be able to justify the amounts. More information on Charges can be found in Schedule 5.


    Seems the IPC have woken up ?

    "If your charges amount to damages you should be able to demonstrate how such charges are calculated"

    Therefore as the IPC have said this, the operator must comply.
    How will the operator define "damages" ??
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    beamerguy wrote: »

    Therefore as the IPC have said this, the operator must comply.
    How will the operator define "damages" ??

    Dead easy ! If you don't pay, it damages their cash flow and profits. :rotfl:
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    Changes in Operator’s Terms and Conditions

    Where there is any change in the terms and conditions materially affecting the motorist you may place additional (temporary) signage at the entrance making it clear that new terms and conditions/charges apply, such that regular visitors who may be familiar with the old terms do not inadvertently incur parking charges. This signage should be in addition to the signage ordinarily required.

    Page 24

    Two words spring to mind. One is "materially"and the other is "may". Seems too vague to mean anything
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Page 24

    Two words spring to mind. One is "materially"and the other is "may". Seems too vague to mean anything

    But this is the Red Cow Yard mobsters we are talking about after all :rotfl:
This discussion has been closed.
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