New BPA Code of Practice - 6.1.2020

gplinge

Also interesting are the comments re railway byelaws talks of pursuing the owner, then assumes the owner is the registered
keeper, and that the DVLA will provide "the owner details"  - surely a good case for the DVLA to refuse information as they don't have "owner details"

3 Who can the Operator pursue?

3.1 The Byelaws 14 (4) are specific that the owner of a vehicle “may be liable for a penalty as displayed in that area”. Therefore, if pursuing for breach of Byelaws, the parking operator can only pursue the owner of the vehicle.

3.2 The owner may or may not be the person who was driving at the time. Another person driving the vehicle does not affect the owner’s liability for a penalty.

3.3 The “owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered.

3.4 Parking operators can pursue the owner of a vehicle for breach of Byelaws by affixing a penalty to the windscreen of a vehicle for the attention of the vehicle owner. They may also seek keeper information from the Driver and Vehicle Licensing Authority (DVLA) in order to send a notice to owner through the post. If the DVLA determines that the parking operator has reasonable cause to seek the information, they may provide it to the parking operator.

gplinge

Appendix A on clamping seems to be getting very excited and laying the groundwork for a return to clamping (at least on railway land) - but I thought the with the exception of the DVLA, clampers needed a licence from the SIA and they haven't been issuing these since 2012 when clamping was basically outlawed?

Coupon-mad

Clamping is already allowed on railway byelaws land and in fact the BPA want it ended )they published their view a while back on their website) but the quid pro quo is, absent any car park provisions in the byelaws, railway land could then be deemed 'relevant land':