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New BPA Code of Practice - 6.1.2020

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.
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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Grace periods clearly having an effect on profits then. Is this part of driving up standards or the race to the bottom?
  • Tank40
    Tank40 Posts: 67 Forumite
    Fifth Anniversary 10 Posts
    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?
  • 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.
    How about:

    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".
  • Castle
    Castle Posts: 4,583 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    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.

    As I read it 13.1 and 13.2 contradict each other:-
    "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.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    9.7 has made my day.
    You never know how far you can go until you go too far.
  • DoaM
    DoaM Posts: 11,863 Forumite
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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.". :)
  • Umkomaas
    Umkomaas Posts: 42,865 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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.
    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! :D
    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
  • DoaM
    DoaM Posts: 11,863 Forumite
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  • beamerguy
    beamerguy Posts: 17,587 Forumite
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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 DINOSAUR
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Umkomaas wrote: »
    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! :D

    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. :D

    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. :D
    All my screwdrivers are cordless.
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