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Parking Code of Practice Consultation 2025 - now let's see what happens

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Comments

  • Protest
    Protest Posts: 122
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    I would be surprised if an unlicensed entity could be employed in the manner described by Papermate2 - to which AI responded…….

    Your instinct is broadly right, but the new legislation contains an important wrinkle which makes the CTSI letter more interesting rather than automatically fatal to the arrangement.

    Since 6 April 2026, Part 4 Chapter 4 of the Digital Markets, Competition and Consumers Act 2024 has replaced the old 2015 ADR regime. The fundamental change is that accreditation is now compulsory: a person cannot carry out consumer ADR unless accredited, exempt, or operating under permitted “special ADR arrangements” made by an accredited/exempt ADR provider. (Legislation.gov.uk)

    And that third possibility looks very much like what Unity/Accord may be relying upon.

    What the Act actually allows

    Section 293 specifically envisages an accredited ADR provider arranging for another person to carry out the actual ADR on its behalf. The explanatory notes even say that the other person might be called a case handler, adjudicator or ombudsman and might be employed or engaged by the accredited provider. That other person does not require separate accreditation, provided the principal ADR provider is accredited/exempt and its accreditation permits it to make those “special ADR arrangements.” (Legislation.gov.uk)

    So the crucial question isn't simply:

    “Does Accord have its own CTSI accreditation?”

    It is:

    “Is Unity the accredited ADR provider, and does Unity's accreditation authorise it to make special ADR arrangements under which Accord carries out the IAS adjudication on Unity's behalf?”

    If the answer is yes, Accord apparently does not need its own accreditation.

    But if Accord has actually taken over the IAS and is itself the ADR provider, rather than merely carrying out adjudications on behalf of Unity, I think there is a potentially serious problem. Section 293(1) expressly prohibits an unaccredited person from carrying out ADR except within those permitted circumstances. (Legislation.gov.uk)

    And that makes the CTSI letter rather peculiar

    Read the wording you obtained again:

    “Accord Dispute Resolution Ltd contracted on licence ... with Unity ... to act as the provider of ADR services for the Independent Appeals Service.”

    and:

    “Accord Dispute Resolution Ltd is responsible for the delivery of the ADR service, including the handling and resolution of disputes...”

    That doesn't immediately tell us whether Accord is merely operating under a statutory special ADR arrangement, or whether it has effectively become the ADR provider.

    More strikingly, CTSI merely says this is its “understanding”, based upon “clarification received today.” It doesn't say:

    Unity is the accredited ADR provider; its accreditation permits special ADR arrangements under s.293(2); Accord is carrying out ADR pursuant to such an arrangement.

    That would have disposed of the issue rather neatly.

    There is another complication — transition

    The new regime came into force on 6 April, but transitional provisions protected existing ADR operations while accreditation applications were being dealt with. Originally that transition was due to expire on 5 October 2026. Just last week, the Government extended it to 7 January 2027. (Legislation.gov.uk)

    So I would be cautious about concluding that Accord has been operating unlawfully since 1 May. There may be transitional protection, depending upon precisely who has applied for what and how Unity/Accord's arrangements are characterised.

    But your FOI has, in my view, exposed a very good regulatory question.

    Rather than alleging that CTSI has “faked an approval”, I'd press them with something much harder to evade:

    1. Is United Trade and Industry Ltd currently the accredited ADR provider for the IAS?

    2. Does its accreditation expressly permit it to make “special ADR arrangements” within sections 291(7) and 293(2) DMCCA 2024?

    3. Is the arrangement between Unity and Accord Dispute Resolution Ltd such a “special ADR arrangement”?

    4. If so, on what date did CTSI satisfy itself that the arrangement complied with the Act and Schedule 26 accreditation criteria?

    5. If it is not a special ADR arrangement, what statutory basis permits Accord to carry out ADR without its own accreditation?

    Schedule 26 matters because accreditation isn't merely a piece of paper. The accredited provider has continuing obligations concerning expertise, independence, impartiality, transparency, procedures and consumer information, and those criteria expressly contemplate ADR undertaken through special arrangements. (Legislation.gov.uk)

    So I wouldn't yet say “Accord is unlicensed and therefore shouldn't be adjudicating.” The legislation specifically provides a route by which it can.

    I would say: CTSI's September letter does not, on its face, establish which statutory route makes Accord's activities compliant. Given that Accord apparently started on 1 May and CTSI was still recording its “understanding” of the arrangement on 1 September, that is a perfectly legitimate question to pursue.

    And I think that is considerably stronger than the original correspondent's speculation about Hurley telling CTSI what to do. The documentary/legal question is good enough without the speculation.

    Something for post-holiday consideration?

  • @Protest

    Thank you for your in depth analysis, nothing is every easy with Private Parking. I can tell you that Unity (United Trade and Industry Ltd) has been certified by CTSI since September 2015 having completed a 2026 DMCC Audit. CTSI's letter is dated 1 September 2026 and was the file was provided as file O9 Accord Approval. CTSI's position was not this on 1 May but 4 months later after I pushed BIST for "who is certified for IAS". Crucially, the licence seems critical, and I have a FOI requesting this though somehow, I know t wont be that easy. Thank you for your interest, I will review after my holiday. I rather wish this would all go away but 16.9 million reasons to persist. Thanks @Protest

  • Papermate2
    Papermate2 Posts: 9
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    edited 27 September at 1:02PM

    For anyone interested, here is a screen grab of the official CTSI letter which according to Department of Business Innovation Science and Trade, is the CTSI (and therefore it's own) Approval for Accord Dispute Resolution Ltd for the Independent Appeals Service (IAS)

    18824.png
  • Coupon-mad
    Coupon-mad Posts: 166,281
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
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    The dates are especially odd because David Finney has been Lead Adjudicator since 2025:

    https://theias.org/ias-annual-report

    The most recent report a year ago, was by him.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Nellymoser
    Nellymoser Posts: 3,036
    1,000 Posts Fourth Anniversary Name Dropper
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    A new uk parliament petition added today

    https://petition.parliament.uk/petitions/780926

    Closes 30 March 2027.

  • Papermate2
    Papermate2 Posts: 9
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    @Protest / @Coupon-mad

    ​Indeed, the IAS website states that solicitor David Finney has been Lead Adjudicator since 1 October 2025 (and remains so today). Given the corporate structure, this appointment must have come directly from the IPC parent company, "Unity" (United Trade and Industry Ltd).

    ​Up until the end of April 2026, this was the established setup. However, come 1 May 2026, we see this new Unity "arrangement" kick in. Far from being transparent, from the public's perspective, this represents a cover-up. The trade association (IPC) still, in effect, administers its own IAS—the very same service where operators conveniently omit to mention that the IAS ignores all mitigation and all operator breaches of the "IPC/BPA" Code of Practice.

    ​Take this extract from the 'About Us' page on the IAS website, which has yet to be proven in reality:

    ​"Appointed Lead Adjudicator of the IAS in 2025, David is focused on strengthening transparency, accessibility, and trust in the appeals system. His priorities include completing the full legal separation of the IAS from the trade association, increasing public reporting and thematic insights, and ensuring that the IAS meets and exceeds the standards set out under the new Digital Markets, Competition and Consumers Act."


    ​To me, this statement just doesn't add up. I believe the IAS remains fully under Will Hurley's control, and this new corporate structure is merely window dressing to obscure the true ownership.

    What are your thoughts?

  • LoneStarState
    LoneStarState Posts: 225
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    edited 2 October at 12:00PM

    Having made a complaint to the IAS in the past (Summer 2025), their response was this generic nonsense (which I would have expected):

    "We apologise if you are unhappy about the service that has been provided to you through the Independent Appeals Service.

    The IAS simply facilitates the arbitration process by providing the online software and by inputting information on Appelant's behalf where they provide their appeals by post.

    In over 90% of cases, the Standard Appeal Service is used which is offered completely free to the Appellant and the decision is not binding upon them. They are therefore free to disregard the decision of the IAS if they see fit. We regret, therefore that we are not able to entertain complaint in relation to these appeals.

    Where the Non-Standard Appeals Service is used and where the Appellant has paid a fee of £15 for the same then we will, in limited circumstances, deal with complaints. However, we will only do so where it concerns the manner in which the IAS processed the appeal and not the outcome of it.

    Please note that we are not able to deal with complaints about appeal outcomes at all or make comment on the same as to do so would impinge on the independence of the service.

    The IAS is an Alternative Dispute Resolution Provider approved by government through the Certified Trading Standards Institute. If you have a complaint that concerns this accreditation, then further information can be found at www.tradingstandards.uk

    Kind regards

    The IAS"

    Couldn't even get the name of the accreditation body correct.

    There are more issues with statements made. If the IAS is so independent that it cannot do a single thing about appeals, then one wonders why bother with a lame duck lead adjudicator at all. It also doesn't make sense because the lead adjudicator will also adjudicate appeals themselves (at least that was the case as stated by Bryn Holloway in prior IAS activity reports).

    All complete nonsense. Awful organisation that has knowingly perpetuated consumer harm for years.

  • Gr1pr
    Gr1pr Posts: 16,647
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    edited 2 October at 12:31PM

    Weasel Will has been gaming the system for over 11 years, even the TV appearances in the Barry Beavis case ( but no upskirting issues like his then BPA opposite number. )

    So all these shenanigans described above should not surprise anyone, same as the Gladstones issues when people who had paid them still received court claims

    Rotten to the core , IMHO

  • patient_dream
    patient_dream Posts: 4,558
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    All complete nonsense. Awful organisation that has knowingly perpetuated consumer harm for years

    The IAS / IPC has been complete nonsense ever since Davies of Gladstones and Hurley got together. These twins were exposed years ago and they are still at the same old game which government still fails to understand and fails the consumer

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