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BPA CoP .. Clause 19.9 and 34.8

edited 18 December 2019 at 1:45PM in Parking Tickets, Fines & Parking
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edited 18 December 2019 at 1:45PM in Parking Tickets, Fines & Parking
BPA CoP .. Clause 19.9 and 34.8

Clause 19.9 and 34.8 - You must warn drivers that if they delay payment beyond a payment period of 28 days and you need to take court action or use debt recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices.

Why are the BPA ignoring POFA2012 and the courts rulings saying ...
This additional charge is not recoverable under the protection of freedoms act 2012, Schedule 4

Why are the BPA ignoring the Supreme court saying ...
198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the scheme...''

Why are the BPA ignoring The Consumer Rights Act 2015
purported added 'costs' are disproportionate, vague and in breach of the CRA 2015 Schedule 2 'terms that may be unfair'.

Unfair terms must refer to the BPA saying ...
However, you do not need to say how much these recovery charges are in advance, on your signs or notices.

If the motorist does not know the amount of extra charges, no contract can be entered into as the terms are unfair.

Similar to getting a bank loan where the lender will not tell you how much they will charge until you are in default

THE IPC
The above is applicable to the IPC.
The IPC CoP simply says ..... PART E Schedule 5 – Parking Charges

It is suggested the maximum parking charge should be: £100.
Where there is a prospect of additional charges, reference should be made to this where appropriate on the signage.


So we go back to the top of this post. ^^^^

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