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Breaking News: Government has announced the statutory Code of Practice, and Enforcement Framework
Comments
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The part on debt recovery letters will stop letters from the so called "Trace legal department"4
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BrownTrout said:https://www.gov.uk/government/publications/private-parking-code-of-practice/private-parking-code-of-practice
Section 10 sounds very good!!7.1 Use of photographic evidence technology
Many private parking operators use automatic number plate recognition (ANPR) technology to issue parking charges. The Code prevents parking operators from issuing parking charges unless the photographic equipment is fit for purpose and maintained appropriately and complies with relevant standards and regulations. This may impose a cost to operators who need to update their technology.
Perfect in double dip cases
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15.2 A parking operator must not issue a notice of parking charge on the basis of photographic evidence supplied by a third party unless it has evidence (which should be presented to the Conformity Assessment Body) to show that notification could not reasonably have been given to the driver or affixed to the vehicle.I hope this covers ANPR and therefore limits the ability of PPC's to outsource that part of their operation - they'd then have to resort back to employing people to stick invoices on the windscreen - hopefully more cost for the PPC and less auto issuing of tickets.
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This is going to be fun!
2.24 parking period
the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)
This is not the period between a vehicle being recorded as entering and departing controlled land.
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 Street8 -
Umkomaas said:This is going to be fun!
2.24 parking period
the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)
This is not the period between a vehicle being recorded as entering and departing controlled land.
"The consideration period ends at the point where there is evidence that the driver has, by parking, accepted the terms, conditions and restrictions applying (whether or not they have chosen to read them) which may be evidenced by the driver parking the vehicle and leaving the premises, paying the applicable parking tariff, or turning off the ignition of the vehicle and remaining stationary for more than 5 minutes".3 -
2.24 parking period
This is not the period between a vehicle being recorded as entering and departing controlled land.
That would mean that ANPR cameras which are fixed, will become pointless
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Elliot v Loake now firmly in the bin for private parking cases. Excel/VCS (and other IPC operators) 'presumption' crap following closely behind!Whilst the provisions of Schedule 4 of the Protection of Freedoms Act 2012 allow parking operators to issue a notice of parking charge to a vehicle keeper or vehicle-hire firm, operators must not when issuing or pursuing a notice of parking charge presume that the keeper of a vehicle was the driver at the time of that vehicle breaching conditions leading to issue of a notice of parking charge.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 -
ihatetrump said:15.2 A parking operator must not issue a notice of parking charge on the basis of photographic evidence supplied by a third party unless it has evidence (which should be presented to the Conformity Assessment Body) to show that notification could not reasonably have been given to the driver or affixed to the vehicle.I hope this covers ANPR and therefore limits the ability of PPC's to outsource that part of their operation - they'd then have to resort back to employing people to stick invoices on the windscreen - hopefully more cost for the PPC and less auto issuing of tickets.
Edit: just checked the COP link and section 15 is indeed about self-ticketing schemes.Jenni x4 -
The IPC tweets:
"The Parking Act's Code of Practice has finally been unveiled today. So many 'new' provisions have been standard @_TheIPCpractice for many years like Consideration & Grace Periods, not penalising minor keying errors etc etc etc.Always remember to abide by Space Corps Directive 39436175880932/B:
'All nations attending the conference are only allocated one parking space.'5 -
kryten3000 said:The IPC tweets:
"The Parking Act's Code of Practice has finally been unveiled today. So many 'new' provisions have been standard @_TheIPCpractice for many years like Consideration & Grace Periods, not penalising minor keying errors etc etc etc.
Jenni x2
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