Parking Code of Practice Consultation - remember remember the 5 September - it closes next week!

patient_dream

Do the MHCLG ACTUALLY know or ubderstand the extent of parking scam

Do the MHCLGunderstand that the BPA and IPC approve of the money scams and that both ATA's are simply not fit for purpose

Car1980

Doubt it. I think I used the words and phrases  "naive", "having the wool pulled over your eyes" and "being fed downright lies" a few times.

daveyjp

patient_dream said:

Do the MHCLG ACTUALLY know or ubderstand the extent of parking scam

Do the MHCLGunderstand that the BPA and IPC approve of the money scams and that both ATA's are simply not fit for purpose

I used my response to try and spell out some of the very serious issues.  However anyone who was around in 2009/10 knew this law was a very messy fudge - you can't have a business which operates purely on income from deciding individuals have broken rules.

Brie

daveyjp said:

patient_dream said:

Do the MHCLG ACTUALLY know or ubderstand the extent of parking scam

Do the MHCLGunderstand that the BPA and IPC approve of the money scams and that both ATA's are simply not fit for purpose

I used my response to try and spell out some of the very serious issues.  However anyone who was around in 2009/10 knew this law was a very messy fudge - you can't have a business which operates purely on income from deciding individuals have broken rules.

especially if the individuals don't know the rules exist.

Coupon-mad

Just got these left to do but if I've missed a suggestion or question, let me know!

Also if you have answers to the below, please post those in replies here today, if you can.

I will finish this tonight...

Appeals

Where a motorist disagrees with a parking operator’s decision to issue a parking charge notice, they can appeal that decision with the parking operator. It is a condition of trade association membership that parking operators must offer the option to appeal a parking charge notice (known as first stage appeals). Operators may uphold or reject the appeal depending on their interpretation of the Code and their own discretion. If an appeal is rejected at first stage appeal, then the motorist must be given the option of a second stage appeal. There are currently two second stage appeals services, one for each trade association.

The British Parking Association’s (BPA) second stage appeals service is Parking on Private Land Appeals (POPLA). The appeals service has been operated on behalf of the BPA by an external organisation since 2015. The International Parking Community’s (IPC) second stage appeals service is the Independent Appeals Service (IAS). Whilst the IPC administers the IAS, it is keen to point out that all adjudications are undertaken by independent barristers and solicitors who do not work within the private parking sector other than to adjudicate on appeals.

The requirement for a second stage appeals service forms part of the DVLA requirement for accreditation of trade associations. The current requirement is for each accredited trade association to have a second stage appeals service which is independent of private parking operators[footnote 2]. The DVLA ensures that both appeals services meet this standard. However, there remains a perception amongst some motorists that the second stage appeals services are not independent of parking operators because there is involvement from the trade associations who represent their members.

There is also concern amongst motorist representative organisations that the processes are not transparent, and the system is set up in favour of parking operators across both appeals services. This contributes to a less effective second stage appeals service because, for those who are aware that a second stage appeals service exists, there is often a lack of trust in those services which deters motorists from engaging with them, meaning they lose the opportunity to have an appeal upheld and to have the parking charge cancelled. Also, data on second stage appeals service usage becomes less reliable at showing the whole picture as some motorists opt out from using the second stage appeals services altogether, potentially adding to pressure on the courts.

In response to that concern, the concept of a government-appointed appeals service was raised during the passage of the Act, and the power to create one is contained in section 7 of the Act. A government-appointed appeals service would replace the two current second stage appeals services.

The government understands that the case for a single independent second stage appeals service is as follows:

• it is likely to provide motorists with clarity about where to go for second stage appeals
• it is likely to eliminate the perception that different appeals services deliver different outcomes to the detriment of the motorist
• a trusted single second stage independent appeals service will encourage more motorists to engage with it
• a well-functioning second stage appeals service will drive up standards across industry by demonstrating what is acceptable to both private parking operators and motorists
• it will provide an independent backstop, preventing the abuse of first stage appeals

The previous consultation in 2020 and research into the industry’s current appeals arrangement undertaken in 2024 found broad support for a single appeals service, as well as a negative perception of existing appeals arrangements. The government is seeking stakeholder views through this consultation to better understand motorists’ ongoing negative perceptions of the current second stage appeals services, to ensure a new solution addresses these concerns.

Question 31: Please describe the factors which are driving the negative perception held by motorists for the current second stage appeals services?

[Free text]

Question 32: Please describe what attributes an appeals service would need to be independent.

[Free text]

Additional comments

This consultation sets out the government’s proposals to raise standards and to hold parking operators to account. Whilst the government considers these proposals the best way to raise standards, respondents are invited to provide any additional comments here on the proposals and any matters set out in the consultation and in the Options Assessment [ link] published alongside this consultation.

Question 33: Do you have any other comments in relation to the proposals and matters set out in this consultation or in the Options Assessment published alongside the consultation?

YES - BUT WE NEED TO WORK TOGETHER TO MAKE SURE NOTHING IS MISSED HERE...

Must not forget the Options Assessment

Must not forget the huge unaddressed issue of excessive surveillance by CCTV and ANPR 24/7 which is far more than the Police are allowed to do:

https://www.britishparking.co.uk/news/excessive-use-of-anpr-cameras-for-enforcement

What else?

Minor clarifications/corrections to the withdrawn code

There are a number of areas within the previous government’s Withdrawn Code which require minor corrections or clarifications. The government proposes to incorporate these changes into its proposed Code. None of these clarifications result in any substantive changes to the Code. A list of the changes, together with the reasons for the change, can be found in Annex A.

Question 34(a). Do you agree with the minor amendments, outlined in Annex A, that we intend to make to the Code?

I will say: STRONGLY DISAGREE

Question 34(b) If no, please outline your reasoning

Their suggested changes are not all 'minor tweaks'... more to follow...

Public sector equality duty

The government would like to hear about any potential impacts of the proposals in the consultation on persons with a relevant protected characteristic / characteristics as defined by the Equality Act 2010 compared to persons without protected characteristics, together with any appropriate mitigation measures, which may assist in deciding the final policy approach in due course.

Question 35(a): Do you have any views or comments on any implications that the proposals in this consultation may have on groups defined by reference to protected characteristics?

YES

Question 35(b): If Yes, please explain who would be impacted and how, as well as how the impact could be mitigated (if at all).

TBA - MORE TO FOLLOW but the issues include things like the undue haste in getting 'special category data' when a windscreen PCN is fairer and better for disabled persons, and I'll also say something about the appalling recent changes that require disabled people to take extra steps to exempt themselves just because operators want to use ANPR and bay monitoring...

Environmental principles policy statement

Section 19(1) of the Environment Act 2021 places a legal duty on Ministers to have due regard to the environmental principles policy statement when making policy. The government will continue to have due regard to the protection and enhancement of the environment during the policy process.

Question 36 (a): Do you have any views or comments on any potential environmental implications resulting from the proposals outlined in this consultation?

YES - excessive camera surveillance probably fits here?

Question 36 (b): Please explain why.  [Free text box] 

what else?

Coupon-mad

Question 33 needs more discussion!

The Options Assessment is a weighty tome to read and I need to take another look. 

What other things should the Code cover that it doesn't already?

e.g. 

- I THINK it fails to set any rules to sanction DRAs for using old addresses and causing default CCJs.

- Doesn't tackle the fundamental issue that no car park should be run on the basis of PCN income only, which ideally will become a dinosaur model if the Code gradually kills off spurious PCNs in large numbers. 

Humdinger1

Thank you @Coupon-mad for everything you are doing. Humdinger 

Nellymoser

Environmental Question 36

In my answer I also mentioned how Operators are restricting/stopping EV drivers recharging with their car park time restrictions and when on site businesses are closed.

Two in three EV drivers have waited more than 10 minutes to use charger – survey
https://uk.news.yahoo.com/two-three-ev-drivers-waited-230100329.html

And banning Debt fees would dramatically reduce DRA paper use!
 

Coupon-mad

Nellymoser said:

Environmental Question 36

In my answer I also mentioned how Operators are restricting/stopping EV drivers recharging with their car park time restrictions and when on site businesses are closed.

Two in three EV drivers have waited more than 10 minutes to use charger – survey
https://uk.news.yahoo.com/two-three-ev-drivers-waited-230100329.html

And banning Debt fees would dramatically reduce DRA paper use!
 

Good points!

Umkomaas

Just a quickie from me. Is there any shortcut to get to your last comments in the response in order to continue a partially completed and saved document, without having to scroll down each page from the start, click 'Continue', then same again next page. As I'm approaching Q33, it's taking an age to get there, every time!