One Parking Solution warned by a Judge that they may face an application for a civil restraint order

Coupon-mad

I am considering complaining to the DVLA.

I am planning a complaint to the BPA & DVLA, and also to the CMA about various issues with the parking industry.   Your case illustrates it well.  

henrik777

Le_Kirk said:

I noted that the judge made a lot of the grace periods in the BPA CoP, one assumes he was talking about the pre-January 2020 CoP, as, of course we now know that the BPA's response to criticism about grace periods was to reduce it to 5 minutes!  Presumably this judgment cannot be used/quoted in cases where grace periods fail the 10 minute minimum in/10 minute minimum out rule but pass the new Jan 2020 rule (I use rule even though they are nothing of the sort!).

The Judge ruled the grace period begins AFTER commencement of the contract. Most ANPR car parks start timing upon detection. The contract is accepted by conduct. That conduct is not passing an ANPR camera. That's a little problematic.

beamerguy

The BPA CoP still says
Kelvin Reynolds, BPA Director of Corporate Affairs says there is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.
“No time limit is specified.  This is because it might take one person five minutes, but another person 10 minutes depending on various factors

https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods?fbclid=IwAR347R1ULeXKZvPz7ArWZ3hBl-5-1EV949-dc4oHbU0NQreZcvRZDrqanQg

beamerguy

This thread is now in the ABUSE OF PROCESS thread PART 2
https://forums.moneysavingexpert.com/discussion/6103933/abuse-of-process-thread-part-2/p1?new=1

twhitehousescat

beamerguy said:

The BPA CoP still says
Kelvin Reynolds, BPA Director of Corporate Affairs says there is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.
“No time limit is specified.  This is because it might take one person five minutes, but another person 10 minutes depending on various factors

https://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods?fbclid=IwAR347R1ULeXKZvPz7ArWZ3hBl-5-1EV949-dc4oHbU0NQreZcvRZDrqanQg

however if you are claoming that you are not parked , just stopped , then there is no contract 

the judge also got the time at leaving site wrong as well , there is a grace period , but this applies after paid or free parking period 

chelostar

Coupon-mad said:

I think this judgment can be used in cases to argue why the BPA 'new' grace period of 5 minutes is clearly inadequate and introduced purely because the BPA Board includes the likes of people like Gary Osner from ZZPS, whose previous firm, Roxburghe (UK) Limited, folded after being declared ‘unfit’ by the Office of Fair Trading who refused to renew their consumer credit licence due to ‘unfair and misleading’ business practices.   Mr Osner states in an article that has been in the public domain since 2018: ''I created the model of ‘admin fees’ for debt recovery because ticket value was so low that nobody would make any money. Parking is business and business is about money, after all.'' 

So the person who invented the unrecoverable 'lets add £60' rip off model, was also heavily involved with his cronies from other parking firms, in also squeezing the arrival grace period down to an unworkable 5 minutes that will catch out so many drivers that the BPA rep should hang their head in shame when they finally sit in the BPI (new Code of Practice) review group, later this year.

Such rubbish added to the latest BPA CoP merely gives the IPC ammo to paint themselves as playing nicely.

I am considering complaining to the DVLA.

We can do it jointly if you like, as I am planning a complaint to the BPA and DVLA, and also to the CMA about various issues with the parking industry.   Your case illustrates it well.  I know you are keen to carry on assisting the campaign against PPCs so the complaints will be the next stage.

I do want to complain and can do it myself, or together with you.  Whichever you think is best Coupon-mad.

chelostar

Absolutely totally fine.  You have the best knowledge on this Cm!  My voice would be very small.  It would add to the general noise but would be stronger together with yours.

chelostar

chelostar said:

Coupon-mad said:

I think this judgment can be used in cases to argue why the BPA 'new' grace period of 5 minutes is clearly inadequate and introduced purely because the BPA Board includes the likes of people like Gary Osner from ZZPS, whose previous firm, Roxburghe (UK) Limited, folded after being declared ‘unfit’ by the Office of Fair Trading who refused to renew their consumer credit licence due to ‘unfair and misleading’ business practices.   Mr Osner states in an article that has been in the public domain since 2018: ''I created the model of ‘admin fees’ for debt recovery because ticket value was so low that nobody would make any money. Parking is business and business is about money, after all.'' 

So the person who invented the unrecoverable 'lets add £60' rip off model, was also heavily involved with his cronies from other parking firms, in also squeezing the arrival grace period down to an unworkable 5 minutes that will catch out so many drivers that the BPA rep should hang their head in shame when they finally sit in the BPI (new Code of Practice) review group, later this year.

Such rubbish added to the latest BPA CoP merely gives the IPC ammo to paint themselves as playing nicely.

I am considering complaining to the DVLA.

We can do it jointly if you like, as I am planning a complaint to the BPA and DVLA, and also to the CMA about various issues with the parking industry.   Your case illustrates it well.  I know you are keen to carry on assisting the campaign against PPCs so the complaints will be the next stage.

I do want to complain and can do it myself, or together with you.  Whichever you think is best Coupon-mad.

Has anyone seen this article from 2018 about the charming Mr Osner?  I found this a while ago and it really made me smile. I'd forgotten about this until now.   It makes him sound like he is a friendly chap out to help the public.  Oh ZZPS are the little buddahs of the debt world.  https://parkmaven.com/news/gary-osner-zzps-interview

Half_way

And despite the continuation of cases like this, highlighting the bad behaviour of the pakring companies, the DVLA still allows them access to registered keeper data

Handbags-at-dawn

Half_way said:

And despite the continuation of cases like this, highlighting the bad behaviour of the pakring companies, the DVLA still allows them access to registered keeper data

The DVLA continues to allow access even after a red grading by the the GIAA (ie serious problems identified). Eg VCS - see here:
https://www.whatdotheyknow.com/request/650801/response/1548681/attach/4/FOI152%20Response.pdf?cookie_passthrough=1