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New BPA Code of Practice - 6.1.2020

Coupon-mad
Posts: 148,017 Forumite


https://www.britishparking.co.uk/AOS-Code-Changes-2018
What a mish-mash of changes, no time for me to read it all tonight at silly o'clock but an especially bad bit I saw, is this:
13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.
13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.
13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period.
What a mish-mash of changes, no time for me to read it all tonight at silly o'clock but an especially bad bit I saw, is this:
13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.
13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.
13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
2
Comments
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Grace periods clearly having an effect on profits then. Is this part of driving up standards or the race to the bottom?2
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So overnight, signs have become twice as noticeable or twice as easy to understand or is it just the tail wagging the dog more and more?1
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Coupon-mad wrote: »13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period.
13.7 And neither is driving round a car park looking for a space, nor queueing to exit a car park considered to be "parking".1 -
Coupon-mad wrote: »https://www.britishparking.co.uk/AOS-Code-Changes-2018
What a mish-mash of changes, no time for me to read it all tonight at silly o'clock but an especially bad bit I saw, is this:
13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.
13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.
"If the driver "parks" their car to read the signs then there's is no consideration period as a parking event has already taken place.1 -
9.7 has made my day.You never know how far you can go until you go too far.0
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20.4a ... surely the PPC would need to provide proof of posting?
17.3 and 17.4 are welcome additions - provided the PPC abide by them.
Section C ... interesting that it has been "completely updated to match the England and Wales section.".1 -
15.4 Self-ticketers must be registered with the BPA before they are able to issue a Parking Charge or their operator can request keeper data relating to a parking incident.
They might sort out the Norris Coles!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 Street1 -
Latest CoP is here. (PDF)1
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24 Recovering unpaid parking charges
24.1a Appendix E of the Code sets out a parking charge
notice flow chart for recovering unpaid parking charges
and for appeals.
24.1b Where a Parking Charge becomes overdue and before
Court Proceedings have commenced, a reasonable sum
(which covers the cost of recovering debt) may be added
for the debt recovery fees. This sum must not exceed £70
unless prior approval from the BPA has been granted.
But we are still under POFA2012 which very clearly says that such an amount cannot be added. ????
Do we assume that the new government code of practice says the same and if so, what happened to the consultation ??
So, the BPA are telling their members to actually break the law ?
Ignoring the ruling of the Supreme court as well ??
Another BPA mish mash and as Castle points out above regarding deciding to park ..... clearly they think it will be acceptable to stop, get out of the car to read the signs BUT ....... if you park to read the signs, you could get a ticket ????
Who writes this mish mash and who signs it off to be remotely logical
The BPA = A HUGE DINOSAUR1 -
Presumably the name of the self-ticketer should be provided on request in order for the motorist to check their authenticity either with the BPA or via the POPLA process?
They might sort out the Norris Coles!
My interpretation of this is that the PPC must visit the site each and every time they get a self-ticket request before a PCN can be issued.
15.6 All self-ticketing sites should be visited by the operator prior to any enforcement action being taken, unless there is an exemption by the ATA.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks1
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