London Luton Airport - APCOA

WAISPRINCE · 22 August at 2:38AM

I HAVE REMOVED THE PARAGRAPH 7 OF BPA CoP AND ALSO POINTS UNDER PARAGRAPH 3 OF THE DRAFT APPEAL

i SEARCHED FOR LATEST BPA SINGLE CoP FEB 2025 - FOR - No evidence of Landowner Authority

THE LOGER VERSION IS THIS

BPA single CoP - paragraph 14

Relationship with landowner

Where controlled land is being managed on behalf of a landowner(s), before a parking charge can be issued written confirmation must be obtained by the parking operator from the landowner(s) covering:

a) the identity of the landowner(s)

b) a boundary map of the land to be managed;

c) such byelaws as may apply to the land relating to the management of parking;

d) the permission granted to the parking operator by the landowner(s) and the duration of that permission

e) the parking terms and conditions that are to be applied by the parking operator, including as appropriate the duration of free parking permitted, parking tariffs, and specific permissions and exemptions, e.g. for staff, residents or those stopping for short periods such as taxi and minicab drivers, delivery drivers and couriers;

f) the means by which parking charges will be issued;

NOTE 1: For example, to the windscreen or through the post.

g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs

h) the obligations under which the parking operator is working, in compliance with this Code and as a member of an ATA;

i) notification of the documentation that the parking operator may be required to supply on request to authorised bodies detailing the relationship with the landowner; and

j) the parking operator’s approach to the handling of appeals against parking charges.

BPA single CoP

Annex G.2 - Appointment of the operator

The landowner confirms they appoint the operator to manage the land in accordance with the conditions of parking. The landowner attests that they have been provided with a copy of the Code and understand the most recent version can be viewed online. The landowner confirms they understand the operator is required to act in accordance with the Code when managing the land. The landowner understands the operator is the creditor for all parking charges issued and has discretion about how they are enforced, including proceeding cases through the County Court. In consideration of the above, the landowner has directed the operator to manage the land. The landowner confirms that they have considered with the operator: • The needs of the users of the land

• The hours/days on which the land may be occupied

• The obligation of the operator to apply consideration and grace periods in accordance with the Code

• Arrangements and exemptions for loading/unloading and deliveries

• Any reputational issues that may arise for the landowner

• The Equality Act 2010, including arrangements for drivers with disabilities and whether any concessions apply, including extended dwell times

• The requirements of the ATA to which the operator belongs

• The statutory obligations applying to the operator

• The landowner’s expected involvement and responsibilities e.g. for building maintenance, lighting information signs, seeking planning consent for signs, and the size and spacing of parking bays

• Site-specific appeals criteria to be applied by the operator

Where a parking operator is to manage parking on privately owned land, it is important that the parking operator and the landowner are both clear about the approach the parking operator intends to take, the terms and conditions they will apply, the regulatory constraints within which they are working, and the respective responsibilities of the landowner and the operator in respect of the management of the land. Hence, the purpose of this document is: • to confirm that the landowner has appointed the operator to manage the land;

• to confirm that the landowner has been informed and has properly considered the This example does not cover the management of land governed by byelaws, where specific provision would need to be made to cover their extent and the legal remedies available for their enforcement. issues relating to management of the land when appointing the operator including all terms and conditions (e.g. restrictions, parking tariffs and parking charges, and exemptions) to be applied by the operator to third parties in managing the land;

• to confirm the identity of the landowner;

• to confirm that the landowner has been provided with a copy of the Code and is aware of the obligations of all parties under the Code; and

• to confirm that all provisions relating to the terms and conditions (including restrictions, parking tariffs and parking charges, and exemptions) to be applied by the operator to third parties in managing the land are complete and accurately and consistently cover the operator’s duties under the contract under which the operator is to manage the land.

WAISPRINCE · 22 August at 2:38AM

USING AI - CONCISE VERSON IS

3. No evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA SINGLE Code of Practice FEBUARARY 2025

Lack of Landowner Authority

According to paragraph 14 of the BPA Code of Practice, a parking operator must have a clear, written agreement with the landowner before issuing any parking charges. This agreement must detail the landowner's identity, a boundary map of the managed area, the terms of permission given to the operator, and the specific parking rules and charges.

Annex G.2 further clarifies that the landowner must confirm they have appointed the operator to manage the land and have been informed of all relevant issues, including:

The terms and conditions the operator will apply.
The operator's obligation to adhere to the BPA Code of Practice, including the application of grace periods and exemptions.
The responsibilities of both the landowner and the operator, such as who is accountable for signs and maintenance.

As the operator has failed to provide strict proof of this required landowner authority, they do not have the legal standing to issue this parking charge. Therefore, I request that the charge be cancelled immediately.