Ocean Parking (Anchor Security Services) BPA Code of Practice V8 or ATA Code of Practice

Darren104

Could i have some advice please. A parking charge was issued in April 2024. Ocean Parking were operated by the BPA Code of Practice at the time. The new code of practice was not implemented untill October 2024. Moorside are currently chasing  this unpaid parking charge on behalf of Ocean Parking who keep referring to the new the ATA code of practice in their replies. Are they allowed to use this new code to their advantage even though it was not in place at the time of the alleged parking  contravention?

This is the following reply from Hannah Legal Administrator from Moorside Legal, when i questioned the reason for the £70 add on fee....
totalling £100 + £70 = £170.

"The additional charge which has been levied on your Parking Charge of £70 is the amount set out in both the British Parking Association and International Parking Community Codes of Practice as the amount which may be added to a Parking Charge when a Parking Charge remains unpaid and when further recovery is required. Our Client adheres to the ATA’s Code of Practice. The £70 does not represent the cost of recovery but is a reasonable amount in relation to the Parking Charge amount, in order to encourage early payment of the Parking Charge without the need for debt recovery. It is a fair amount set by our Client’s government-approved Accredited Trade Association Code of Practice. There are however also costs incurred by our client in relation to debt recovery services."

Invite your comments with a big Thank you.

Umkomaas

The reply references both Codes of Practice and is the standard fob-off used by most of the ambulance-chasing legals snouting in the private parking trough. Nothing to see here. 

Gr1pr

Its also been the default stance of these companies for years,  regardless of the code of practice in force at the time 

The actual code of practice in force on the date of the incident is what matters , if relevant 

The additional £60 ( now £70  ) has been around for a decade,  throughout every CoP , but as stated above,  nothing to see here,  be it from Moorside Legal   ( who haven't a clue what KADOE is  ) , B W Legal,  Gladstones or DCB Legal,  it's always the same stance 

You can report them to HMRC with possible VAT concerns,  other than that,  stop the preliminary stuff, wait for the court claim pack to arrive,  court is where it's decided,  should it get that far

kryten3000

The only exception to this is with the latest Single CoP which came in on 17/02 - Will Hurley of the IPC stated on live television that any "5 minute rule" cases would be considered backdated to the start of the year.

Otherwise the Code in place on the date of parking is the one that should be used when considering a charge.

1505grandad

For info  (just in case)  -  the ppc are now listed as IPC AoS members  -  don't know when they joined:-

Anchor Group Services (Trading as Ocean Parking)

www.oceanparking.co.uk

Company Bio

fisherjim

In any case a "Code of Practice" isn't law it is a set of guidelines to work to, they can state what they like about suggested charges, that doesn't make it acceptable.

Gr1pr

I think that they moved last year,  but even though it's now a joint code of practice,  the one in force at the time of the incident prevails, even if its an older BPA CoP 

Coupon-mad

None of it matters a jot!

Await the Claim Form.