Author Topic: BPA Ltd announce proposed amendments to Code of Practice  (Read 1642 times)

0 Members and 1 Guest are viewing this topic.

Offline Web Admin

  • Administrator
  • Follower
  • *****
  • Posts: 703
BPA Ltd announce proposed amendments to Code of Practice
« on: 30 April, 2017, 10:55:07 AM »

https://bmpa.zendesk.com/hc/en-us/articles/115002770209-BPA-Code-of-Practice-Revision-May-2017

BPA Code of Practice Revision - May 2017

The British Parking Association, under pressure from the DVLA, are proposing amendments to their Code of Practice. This is likely to be from 1st October 2017 but check how many of these new "rules" your parking company has broken in the meantime.

ANPR Amended Clauses

21.1 You may use ANPR camera technology to manage, control and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for. Signage at the entrance must explain that ANPR is in use at the location and the purpose for which it is being used. An image of a camera on its own without any further information would not be sufficient

21.2 Quality checks: before you make a vehicle keeper detail request to the DVLA you must carry out a manual quality check of the ANPR images to reduce errors and make sure that it is appropriate to take action. On receipt of the data from the DVLA further checks must be undertaken.

ANPR New Clauses

21.5 We have an expectation that when operators are using cameras to manage parking, they will sign up to the Surveillance Camera Commissioner’s Code of Practice and adopt the Guiding Principles which are detailed in Appendix F of the Code.

Debt Recovery New Clauses

23.1a It is permissible for debt recovery companies to charge administration fees after 28 days following the parking event but this must only apply where an on-screen parking charge notice has been issued and not where an ANPR ticket or postal parking charge notice as this is the first time the Keeper has been made aware of the matter. It is expected that this fee would not exceed £25 unless prior authorisation is received from the BPA.’

23.1b Where a Parking Charge becomes overdue and before Court Proceedings have commenced, a reasonable sum (which covers the costs of recovering debt) may be added for the debt recovery fees. This sum must not exceed £70 (including the £25 mentioned in 23.1a) unless prior approval from the BPA has been granted.’

23.1c Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the person being written to is the correct party and amend their records accordingly. This will avoid the situation of Court papers going to an out of date address, motorists being unaware of them, and default judgments being made.

23.1d We have an expectation that members of the BPA’s Approved Operator Scheme who manage Debt Recovery follow the principals of the Financial Conduct Authority (FCA) and in particular the outcomes listed in their ‘Fair Treatment of Customers’ schedule. We would expect members to be able to evidence how they deliver these outcomes during audit.

23.1e In its written communication with customers a statement that free debt counselling and /or legal advice is available to customers and how the customer can find out more. It is especially important that such information is provided on any letters before action or if it is believed that the customer may be vulnerable.

15.4 You may sell any outstanding debt to third parties to follow up. However If you do this, we believe that you maintain responsibility for the ticket that was originally issued and therefore you must make every endeavour to ensure the third party keeps to the Code as if you were carrying out the tasks. If the third party does not keep to the Code, this failure will be treated as an act of non-compliance by you.

Glossary

Following the consultation process, the Glossary will be updated to reflect the revised Code.

Learning and Qualifications – New Clauses

10.1 You must ensure your staff and agents are competent to carry out the tasks they are employed to do.

10.2 You must provide good quality appropriate education and training to all staff for the general, job-specific and legal (for example, health and safety) elements of their roles. We may require you to evidence how you do this during an audit.

10.3 In particular, you must ensure that Enforcement Officers and Notice Processors are appropriately qualified to carry out these roles by ensuring their completion of a Level Two Award for Parking Enforcement Officers and Level Three Award in Notice Processing respectively. Where, for operational and/or commercial reasons, this is not possible alternative comparable education and training must be provided.

10.4 You will keep your employees’ education and training records for a minimum of 3 years and make them available to the BPA during an audit or on request

10.5 The PD&S Board will include any recommendations on education and training relevant to the operation of this Code in its reports to the BPA board.

10.6 Demonstrating individuals’ commitment to continuous professional development through active individual membership of the BPA is the preferred approach.


General Clauses - Amended

3.2 The Code will be reviewed at appropriate intervals to make sure that it remains relevant. Changes that the Professional Development & Standards (PDS) Board considers to be minor will be made when appropriate. Changes that the PDS Board considers to be major will have a consultation process. This will be carried out when the PDS Board considers it is necessary.

9.4 Effective from 1 October 2017 (notional), the practice of offering financial incentives relating to the quantity of parking charge notices in new and existing employee contracts is prohibited.

13.1 & 30.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.

13.2 & 30.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in which to leave the car park after the parking event has ended, before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.


13.3 & 30.3 You must tell us the specific grace period at a site if our compliance team or our agents ask what it is.

18.10 & 28.8 So that disabled motorists can decide whether they want to use the site, there must be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign must be close to any parking bays set aside for disabled motorists.

18.11 Where there is any change in the terms and conditions that materially affects the motorist then you must make these terms and conditions clear on your signage. Where such changes impose liability where none previously existed then you must consider a transition to allow regular visitors to the site to adjust and familiarise themselves with the changes. Best practice would be the installation of additional/temporary signage at the entrance and throughout the site making it clear that new terms & conditions apply. This will ensure such that regular visitors who may be familiar with the previous terms become aware of the new ones.’

19.6 If your parking charge is based upon a contractually agreed sum, that charge must not be punitive or unreasonable. If it is more than the amount in Clause 19.5 and is not justified in advance, it could lead to an investigation by Trading Standards or another appropriate authority.

19.7 If prompt payment is made (defined as 14 days from the issue of the parking charge notice) you must offer a reduced payment to reflect your reduced costs in collecting the charge. This reduction in cost must be by at least 40% of the full charge.

19.9 & 34.8 You must warn drivers that if they delay payment beyond a payment period of 28 days, and you need to take court action or use debt-recovery methods to recover a debt, there may be extra ‘recovery’ charges for debt-recovery action. However, you do not need to say how much these recovery charges are in advance, on your signs or notices

20.5a & 31.1 When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp must be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered.’

20.5c When a vehicle is issued with a parking charge notice this must be placed on the vehicle in a way that is secure but which does not cause damage to the vehicle. The parking charge notice must be waterproof or put in a waterproof envelope, and must say on it that the ticket must not be removed from the vehicle by an unauthorised person.

21.6 & 33.2 To give drivers early notice of your claim, you must apply to the DVLA for the keeper details promptly. Usually this would be applying to the DVLA no more than 28 days after the unauthorised parking event. When applying for Keeper Details you must ensure that you adhere to the DVLA's Keeper at Date of Event (KADOE) requirements

22.2 Whenever you issue a parking charge notice motorists must first use your procedures for resolving appeals, before being able to refer them to an independent appeal. You must tell motorists at what stage an independent appeal to POPLA becomes available

22.3 If the motorist asks for it, you must make available any photographic evidence you have.

22.9 You must not ask the motorist to send payment of the parking charge with their appeal

22.16b Witness Statements were introduced as an alternative to the provision of a full/redacted landowner contract within a POPLA Evidence Pack and as such these Statements must be signed by a representative of the landowner or his agent, and not by a member of the operator’s staff.

22.16c The POPLA evidence must be sent to the motorist on the same day as POPLA receive it and the evidence pack to the motorist must be the same the one provided to POPLA. Failure to do this may be considered a Sanctionable Breach of the Code

22.21 The deadline for payment following a POPLA decision in favour of the Operator is 28 days

33.4 Your letter to the keeper should point out the details of the unauthorised parking event and ask for payment. It must also request details of the driver from the keeper

37.6 A parking charge notice may be challenged on the grounds that the vehicle was on hire or lease at the time the unauthorised parking took place. If the rental or lease customer’s details have been provided to you by the hire or lease company, you must pursue your claim instead with their customer

General Clauses - New

2.15 Where land is subject to Byelaws you must ensure that your practices are in accordance with them or that you don’t operate a scheme that is prohibited by them. For the avoidance of doubt, land managed under Byelaws is not considered as ‘Relevant Land’ under POFA

9.5 You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious and sanctionable instance of non-compliance and may go the Professional Conduct Panel.

19.10 If an operator seeks to use extracts from the ‘Parking Eye vs Beavis’ judgement laid down by the Supreme Court, the judgment must be referenced and that extracts from it must be properly quoted. Best practice would be adding the website link to the summary of the judgment, when making reference to it

20.16.1 While we have an expectation that operators will seek to use the POFA legislation, it is appreciated that there will be occasions where this might not be possible. If a non-POFA Notice to Keeper is being issued it must be sent out as soon as possible and no later than 7 months after the original parking incident

22.9b It must be made clear on any notices issued or on an appeal rejection letter that the motorist has to choose either to pay or to appeal (this also includes appealing to POPLA) – they can’t do both

22.12a If an appeal is being considered by POPLA, the debt recovery process must not be commenced/recommenced until the outcome of the case is known. We would expect operators to have systems in place to ensure that this does not happen


Clause/Section Removals

Clause 18.5 If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.

Clause 23.4 Remove bullet point: You should also tell the keeper about how to complain, challenge or appeal

Appendix F Remove Appendix F entirely – no further need to reference the Entrance Signage roll-out plans

Sanctions Scheme Amendments to be determined once the Stakeholder Consultation has been concluded

170412_Code_Review_Consultation_Document.docx (30 KB)

Offline scalyback

  • Follower
  • **
  • Posts: 287
Re: BPA Ltd announce proposed amendments to Code of Practice
« Reply #1 on: 30 April, 2017, 02:14:27 PM »
It seems that somebody there has realised that the toilet paper is running out..........

Offline 2b1ask1

  • Follower
  • **
  • Posts: 162
Re: BPA Ltd announce proposed amendments to Code of Practice
« Reply #2 on: 01 May, 2017, 10:45:13 AM »
Well Ms Sunglasses is screwed then by many of those clauses!

Seems the post-trouserfire era has arrived.
Willing to do my bit...

Offline The Bald Eagle

  • Administrator
  • Follower
  • *****
  • Posts: 4231
  • THE lowest common denominator
Re: BPA Ltd announce proposed amendments to Code of Practice
« Reply #3 on: 02 May, 2017, 10:17:26 AM »
Well Ms Sunglasses is screwed then by many of those clauses!

Seems the post-trouserfire era has arrived.

Unfortunately, Ms Sunglasses works for IPC wea$els
WE ARE WATCHING YOU

 


Supporters of the NoToMob

In order to view this object you need Flash Player 9+ support!

Get Adobe Flash player