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New BPA code of Practice issued...

2

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Confusion on this thread already, what interpretation
    will the PPC use ?

    Whilst this new code is a step forward, the BPA can
    ill afford a mish mash for 2018
  • beamerguy wrote: »
    ........what interpretation will the PPC use ?

    What interpretation will POPLA use? Mmmm, let me think about that for a minute.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Of particular interest......imo....
    Clause 9.5 - You must not use predatory or misleading tactics to lure drivers into incurring parking charges

    So that's pretty much all PPCs in all locations then. Presumably we can now expect hundreds of notices of dissolution of company to be filed at Companies House in the near future ... or maybe not.

    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.
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Clause 13.1 and 30.1 - If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
    This clause was re-worded.

    Apart from BIB 1 seemingly being in conflict with BIB 2. Doesn't that put an end to all the 'drop-off' cases we see where individuals have stopped for a few seconds on fake 'Red Routes', 'Double Yellow Lines' etc. to pick-up/drop-off passengers?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    Johno100 wrote: »
    Apart from BIB 1 seemingly being in conflict with BIB 2. Doesn't that put an end to all the 'drop-off' cases we see where individuals have stopped for a few seconds on fake 'Red Routes', 'Double Yellow Lines' etc. to pick-up/drop-off passengers?

    yup , but rthe "red route" is normally a vcs/ipc scam
    Save a Rachael

    buy a share in crapita
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    pappa_golf wrote: »
    Clause 9.4 - Effective from 2 January 2018, the practice of offering financial incentives relating to the quantity of parking charge notices in new and existing employee contracts is prohibited.

    farewell "norris" , and all self ticketing operations where "norris" receives money for every paid ticket .

    (bpa only) , now lets go thru the operators and report each and every one that offer this service

    Don't get your hopes up. I don't expect for a second the 'norris's' out there will be classed as employees of the PPCs for the purposes of this clause.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    I would have thought "freelance" or part time
    Save a Rachael

    buy a share in crapita
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Johno100 wrote: »
    Don't get your hopes up. I don't expect for a second the 'norris's' out there will be classed as employees of the PPCs for the purposes of this clause.

    But might any of this apply?
    Clause 10.1 - You must ensure your staff and agents are competent to carry out the tasks they are employed to do.
    Clause 10.2 - You must provide good quality appropriate education and training to all staff for the general job specific and legal (for example, health and safety) elements of their role. We may require you to evidence how you do this during an audit.
    Clause 10.3 - You will keep your employees’ education and training records for a minimum of 3 years and make them available to the BPA during an audit or on request.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Clause 13.2 and 30.2 - If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.

    I like this rewording. This seems to help where there are ANPR and tickets as well. Possibly even in ANPR cases only too.

    Entering a car park and driving round looking for a space can not be described as a "parking event". Stopping the car , switching off the ignition, handbrake on, leaving it for a period and starting to move off etc is the "parking event.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Guys_Dad wrote: »
    But might any of this apply?
    Clause 10.1 - You must ensure your staff and agents are competent to carry out the tasks they are employed to do.
    Clause 10.2 - You must provide good quality appropriate education and training to all staff for the general job specific and legal (for example, health and safety) elements of their role. We may require you to evidence how you do this during an audit.
    Clause 10.3 - You will keep your employees’ education and training records for a minimum of 3 years and make them available to the BPA during an audit or on request.

    I would think it would ... the Norris factor would
    be an agent
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