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Sir Greg Knight's parking bill

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Comments

  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Tomorrow's Sunday Express front page.

    JDO35DHwRvCzlId8yfKH_SundayExpress.JPG

    Looks like the bill will get government backing, not sure if we already knew that.
  • bargepole
    bargepole Posts: 3,238 Forumite
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    edited 28 January 2018 at 12:15AM
    Johno100 wrote: »
    Looks like the bill will get government backing, not sure if we already knew that.

    I've said it on here enough times.

    It's odd that the Express are claiming credit for this. I was under the impression that all those meetings at the DCLG which I and others attended, may have had something to do with it.

    The situation is that the Government legislation timetable for this parliamentary session was already overloaded (something to do with some referendum or other, I believe), and the only way to get this on the books was by way of a Private Members' Bill, which the mandarins at the DCLG are fully supporting.

    What this Bill does is pave the way for a mandatory Code of Practice which will be owned and updated by a specific department, and for which breaches will be enforced by withdrawal of access to keeper data from the DVLA, completely independent of the BPA or IPC. Both of those organisations will need to pay a levy to fund it all, which presumably means they will need to hike up membership fees from their operators.

    The BPA seem to be strongly in favour of the Bill, and have recently made changes to their own CoP, replacing many clauses which contain the words 'operators should' to ones which say 'operators must' - no doubt hoping that their version of a CoP will become the template for the new Government version.

    If the Bill passes its second reading on Friday, it should progress uncontroversially and become law some time in the Autumn. Meanwhile, a committee has already been convened to thrash out the details of the new CoP, and that is likely to be announced shortly after the Bill becomes an Act.

    But any rejoicing at BPA Towers may be short-lived. The next logical step will be a single, genuinely independent appeals process for all private parking issues. Once that happens, it is difficult to see that either of ATAs will have a significant role to play.

    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.
  • steve1500
    steve1500 Posts: 1,462 Forumite
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    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • Umkomaas
    Umkomaas Posts: 43,801 Forumite
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    Firms which don't obey the rules will be blocked from accessing drivers' DVLA records.
    What’s new? This sanction already exists! Says much more about the DVLA than it does about parking companies. Human nature to exploit weakness!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Castle
    Castle Posts: 4,956 Forumite
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    Umkomaas wrote: »
    What’s new? This sanction already exists! Says much more about the DVLA than it does about parking companies. Human nature to exploit weakness!
    Very true; regulation 27 already requires the Secretary of State to be satisfied that there is reasonable cause to release the RK's details.
  • bargepole
    bargepole Posts: 3,238 Forumite
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    Umkomaas wrote: »
    What’s new? This sanction already exists! Says much more about the DVLA than it does about parking companies. Human nature to exploit weakness!

    It does exist now, but is rarely used. Currently, it relies upon the BPA and IPC to support any such sanctions, which they are loth to do for fear of upsetting their members who pay for their existence.

    Under the new regime, the department responsible for enforcing the Code will tell the DVLA when a company is in breach, and how long their suspension will last. Unofficially (and don't quote me) it is believed there will be a range depending on the seriousness - 1 month, 3 months, then 6, 12, and permanent for the most serious.

    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.
  • Castle wrote: »
    Very true; regulation 27 already requires the Secretary of State to be satisfied that there is reasonable cause to release the RK's details.
    Not only that, but the KADOE agreement that forms the basis of PPCs' access to the DVLA database stipulates that the PPC must adhere to the relevant CoP. Yet, we have seen so many incidences where the CoP has clearly been breached, yet there are never any sanctions. Why does anyone suppose that will change?
  • bargepole
    bargepole Posts: 3,238 Forumite
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    ... Why does anyone suppose that will change?

    Because self-regulation in this 'industry' is clearly not working, which is the whole rationale (POPLA please note correct spelling) behind all this.

    Many trade organisations have codes which do not require government intervention - such as ABTA, FMB, NAEA, SRA etc. - but MPs and civil servants have now recognised that private parking is out of control, and as they are incapable of regulating themselves, the government will step in and do it instead.

    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.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    I actually wonder if these people really do know
    what's going on when they keep on about FINES ?

    It's so simple but if this is not understood, how can we
    we expect them to get a grasp the complete picture ?

    "Firms which don't obey the rules will be blocked from accessing drivers' DVLA records."

    WHAT'S NEW ..... all the DVLA does in most cases is
    give them a slammed wrist and send them off to
    carry on scamming ?

    "Mr Javid said drivers have suffered for too long "at the hands of dodgy parking firms".

    They are ALL dodgy, more like rogue traders. Let's hope
    that the DVLA are not given the final say as to a banning
    because the DVLA is the weak link

    And there is a link to Murdo Fraser in Scotland.
    https://www.bbc.co.uk/news/uk-scotland-tayside-central-42279204

    The very man who thinks that the keeper should be
    held liable regardless if they were driving or not ?
    We can only assume he has an interest in parking
    companies and in particular the Scottish courts because
    they will be inundated with fake claims

    We will wait with baited breath
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    beamerguy wrote: »
    And there is a link to Murdo Fraser in Scotland.
    https://www.bbc.co.uk/news/uk-scotland-tayside-central-42279204

    The very man who thinks that the keeper should be held liable regardless if they were driving or not ?

    We can only assume he has an interest in parking companies and in particular the Scottish courts
    because they will be inundated with fake claims.

    We will wait with baited breath

    As I've pointed out previously, the Register of MSPs Interests states he's a member of the Scottish Law Society, so most probably a solicitor. No doubt he and his mates have been chatting to their colleagues south of the border and have seen what they are missing out on.
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