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Parking News - JUDICIAL REVIEW - here we go again
Coupon-mad
Posts: 131,596 Forumite
EDIT - go to the April 2022 update posts later in this thread for the new JR threat.
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Following on from the British Parking Association's protests about the Government finally doing something robust to curb 'cowboy' private parking operators:https://www.britishparking-media.co.uk/news/public-opinion-ignored-as-government-proposes-measures-that-make-managing-private-parking-unworkable
Now we hear from the BPA's Specialist Lawyer, Derek Millard-Smith, in an article about the MHCLG's decision here (clicky link, in case anyone missed it).
Anyway they are not happy: http://portfolio.cpl.co.uk/Parking-News/407/32/
The industry thinks the MHCLG's decision is a 'reckless position' that has 'left the sector with no choice but to initiate the judicial review pre-action process'.
Whoever proof-read the first linked page appears to lack an eye for detail, calling it a 'judical review' in the large letter heading of the pink box, bottom right.
And later in this month's new & enthralling publication, Kelvin Reynolds uses the lame, alarmist word 'carmageddon' twice (ooo-er, that'll scare 'em - not):
http://portfolio.cpl.co.uk/Parking-News/407/46/
http://portfolio.cpl.co.uk/Parking-News/407/48/
Has anyone got access to April's 'rival' parking publication, Parking Review?
It costs money to access and only older editions are freely available online. Not that it'll be anything we didn't know, but according to the IPC's Twitter, there's ''lots of interesting parking news in the April edition...especially about the MHCLG's response to last year's consultation. The IPC's comments (p.35) raise fears about a potential end to free parking to the detriment of already embattled UK High Streets.''
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
11
Comments
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I see they are still peddling the utter lie about the majority of responses to the consultation preferring a three-tier system, when everyone and their dog knows that they got all the families and employees of the the parking operators to cut and paste the same template responses, complete with spelling and grammar errors.
The judicial review, if permission is granted, is likely to be an exercise similar to rearranging the deck chairs on the Titanic.
Will the last person to leave BPA Towers please turn out the lights.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.9 -
It's beginning to sound a lot like Christmas panic!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 Street5 -
Now we hear from the BPA's Specialist Lawyer, Derek Millard-Smith,Sounds like he does similar work to that which we do here!https://www.jmw.co.uk/services-for-business/business-crime/people/derek-millard-smith
Driving Defence
Derek has a strong Driving Defence brand and can be found on twitter as @DrivingLawyer . He regularly negotiates the court requirements to protect driving licences as well as contesting technical failings for speeding, mobile phone, failure to stop and report, failure to provide driver identity, s172 notices, careless, dangerous and drink driving matters.
Derek regularly assists high profile individuals from the sporting and broadcast world, keeping them on the road as well as keeping publicity to a minimum. He has also successfully represented a number of individuals in cases dealing with allegations of perverting the course of justice through ‘points swapping’.
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 Street5 -
This is all about the day the BPA's bubble has burst
It does show the BPA colours. The BPA forget that the new CoP has come about because of the appalling way the parking industry has been run. The fault is both with the BPA and IPC who totally lost control of their members
The ATA status should be taken away from both the BPA and IPC as both have proved themselves unworthy.
I would remind everyone of the letter I received from Sir Greg Knight .....
"My Parking (Code of Practice) Act received widespread support in the House of Commons and I can assure you that both Members of Parliament and Ministers are not so naïve"5 -
The government’s response to a recent public consultation has caused serious concerns that the drastic reduction in the deterrent effect of parking charges on private land will force legitimate parking operators out, allowing the ‘cowboys’ to once again ride into town.
Unlike the drastic reduction in scamvoices that occurred after the POFA was introduced, going down from a handful per year to ... to. Sorry, I meant going up to tens of thousands per year. Yes, that was a very effective deterrant.
As for allowing the cowboys to ride again, there's been a range war going on for nearly a decade.
Then there's that naughty Steve Clark. Did you notice that he referred to these scamvoices as penalties?
The majority of motorists don't appear to know about scamvoices because they have never received one. Looking at the handful of people who responded to the publication, a fraction of one percent of the number of motorists in the UK, I doubt the majority of motorists know about the consultation or the results.
It is therefore inconceivable to think that the majority of motorists are going to change their parking behaviour because the amount they would have to pay has been reduced.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" - Laks6 -
There are other options. I never thought that I would use this word but there could be a case for nationalising car parks that are linked to airports, stations and park and rides. If some of these companies fail it might be an option.
Nolite te bast--des carborundorum.3 -
"The IPC's comments (p.35) raise fears about a potential end to free parking to the detriment of already embattled UK High Streets.''
Government also have green targets and there are moves now for town centres to be car free.
Nolite te bast--des carborundorum.3 -
Snakes_Belly said:"The IPC's comments (p.35) raise fears about a potential end to free parking to the detriment of already embattled UK High Streets.''
Government also have green targets and there are moves now for town centres to be car free.5 -
Public opinion ignored as government proposes measures that make managing private parking unworkable
Ralph
2 -
Thanks to friend who found there is a free link on Twitter, here is the direct link to the April edition of Parking Review:https://edition.pagesuite.com/html5/reader/production/default.aspx?pubname=Parking%20Review&pubid=5bcb21d2-0c12-4b90-b70c-f18e58232177
Lots of stuff about the Code, lots of toys being thrown out of the pram.
Who are they trying to kid, that the majority of the 'public' who sent in cut & paste replies to the MHCLG consultation wanting a 40% discount (that the example 3 tiers didn't even use!) were not parking firm directors, their employees and their relatives and friends? They must think the MHCLG Ministers were born yesterday.
They also perpetuate the myth that a deterrent is all about an ever higher & disproportionate penalty that will bring 'rogue parkers' into line.
Hmmm...
There are also a few other interesting articles in that Parking Review edition, as an aside:
- APCOA have taken over the contract for a lot of railway car parks (noticed in the South by a friend, who saw that SABA were no longer on a sign and APCOA were).
- Epping Forest is introducing car parking charges despite 75% of people not wanting them. And the City of London is using a private firm who are issuing £100/£60 parking charges (not proper LA process, then). I wonder who the PPC is at Epping Forest and whether their NTKs are mentioning the POFA 2012 despite this not being relevant land.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD6
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