BVRLA guidelines on transfer of liability

PilotJames

Can someone please confirm if the following quote from a previous thread is still applicable regarding BVRLA instruction to members:

"...the BVRLA has instructed all its members not to pay these charges, but to pass the hirer/lessee's details to the parking company and inform the hirer/lessee they have done so"

I can only find a document called BVRLA Guide to Road Traffic Offences dated 2017 which suggests that parking charges can be paid and then recharged to the hirer/lessee if it's stated in the lease. I couldn't find any mention of the above.

Thanks.

Gr1pr

That memorandum of understanding was issued by the BVRLA around then, so I would say that you may have found the details 

PilotJames

The document I mentioned suggests the opposite. Does this MOU exist?

Gr1pr

That memorandum definitely existed, the BVRLA issued it to all its members 

Seems to me that you already found it 

PilotJames

Gr1pr said:

That memorandum definitely existed, the BVRLA issued it to all its members 

Seems to me that you already found it 

I don't think I have unless I'm missing something here...

Gr1pr

Google it, I just did and downloaded the blue cover PDF 

Private parking company charges start at page 8

I believe that you already have it, you mentioned its title 

PilotJames

Thanks. The document from page 8 onwards suggests companies may either pass on your details or pay the fee and recharge the lessee. It doesn't suggest that they should not do the latter, and, to facilitate the former, simply that a MOU has been agreed to bypass the requirement to forward the lease agreement.

That's not the same as saying what I originally  quoted, i.e. "...the BVRLA has instructed all its members not to pay these charges, but to pass the hirer/lessee's details to the parking company and inform the hirer/lessee they have done so"

Coupon-mad

I think the BVRLA changed position a few years ago to give a choice, to suit their members who whinged that the MOU was too much bother and they wanted to just pay PCNs.

Not that it matters. You can still chargeback if you have an unauthorised payment taken by a lease/fleet firm.

1505grandad

However the BVRLA  issued a document dated 2.7.2024 titled:-

Shifting liability added to Private Parking Code of Practice

https://www.bvrla.co.uk/resource/shifting-liability-added-to-private-parking-code-of-practice.html

"Crucially, the BVRLA has successfully made sure that the Code includes the requirement for private parking companies to have a process for transferring liability for Parking Charge Notices for rental and leasing companies. The BVRLA will now be working with both organisations to shape that process."

The CoP (soon to be replaced by a proper regulated Cop) states:-

https://www.britishparking.co.uk/write/Documents/AOS/NEW Redesigned Documents/sectorsingleCodeofPractice.pdf

"8.4.3. Parking operators must provide a process for rental and leasing companies to transfer liability"

Half_way

As it is, the BVRLA is a trade association, and so is the British Parking Association (BPA) while both can impose conditions upon their members they can not override any legislation or so-called persuasive judgements in court.

 The core function of a trade association is to look after its members and its members own interests

Gr1pr

Plus nobody expected that we would wait over 6 years for regulation by way of a mandatory code of practice that covers the whole sector 

The BPA CoP has changed many times since 2012 , not really surprising if other trade bodies like the IPC and the BVRLA do as well