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New BPA code of Practice issued...
Comments
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Anyone get the impression that this updated code
has had helping hands by the MP's in the upcoming
private members bill0 -
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.
Maybe I'm being overly cynical, but I still don't like the rewording, GD.
If it had been worded to state "in advance of the parking event" then I would have been happy. However, I think that "in addition to" may be interpreted as relating to either side of the "parking event" or even after the "parking event". At least that's how I expect POPLA will interpret it - but I guess we'll have to wait and see.0 -
Edna_Basher wrote: »Maybe I'm being overly cynical, but I still don't like the rewording, GD.
If it had been worded to state "in advance of the parking event" then I would have been happy. However, I think that "in addition to" may be interpreted as relating to either side of the "parking event" or even after the "parking event". At least that's how I expect POPLA will interpret it - but I guess we'll have to wait and see.
I understand your point and can agree with your sentiments, However, many PPCs use time entered/left as per their ANPRs as "the parking time", not the time on tickets.
By mentioning a parking event, this firmly concentrates the mind on parking and not entering the site.
If our legal members on here can't make use of this wording to our advantage with many cases, I would be most surprised.0 -
Clause 23.1c - Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the person being written to is the correct party.
very helpful for set asides.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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