The good management of car parks is essential to successful town centres and High Streets. Motorists want to park in acc
Better regulation for the private parking sector The good management of car parks is essential to successful town centres and High Streets. Motorists want to park in accessible and safe car parks that represent good value for money and they want to be treated fairly should the need arise to take enforcement action. We believe the best solution is a single standard setting body, a single code of practice and a single appeals service.
What the BPA has done The BPA established an Approved Operator Scheme in 2007 based on a Code of Practice designed to continuously raise standards in the sector. The Code of Practice was developed in partnership with consumer and motoring organisations who sit on BPA Boards to ensure that the Code is balanced and fair. Operators are audited for compliance with the Code, receive sanctions for non-compliance and can be expelled (we have expelled 7 members in recent years). In 2012, the BPA established the Parking on Private Land Appeals Service (POPLA) and since its launch, over 65,000 appeals have been submitted which equates to around 1% of tickets issued. This is broadly in line with the proportion of appeals received by both Parking and Traffic Appeals Service (PATAS) and the Traffic Penalty Tribunal (TPT). Of those appeals, roughly half are won by the motorist and half by the operator.
What we believe Professionals who provide and manage parking services expect to operate to common standards Parking Professionals believe there should be a single code of practice and single appeals service for all motorists regardless of who is managing the parking
Better regulation We believe there is a case for government to establish a standard setting body (SSB) to build on the foundations established by the BPA. The SSB must be accountable to government, can be fully funded by the private parking sector and should enhance standards through an enforceable code of practice. That code should be established following consultation with consumers, motorists, operators and landowners. Operator Schemes (which exist at present) would be required by the SSB to audit and enforce the code to their operator members. Such processes are already wellestablished. They must expel members where there are persistent breaches of the code. An SSB would replace the role of the DVLA as the body accrediting Operator Schemes. The SSB would authorise DVLA to release keeper data to operators and landowners and in turn would only give such authorisation when it believed the applicant was fully compliant with the code. The DVLA has no role in setting standards for the management of parking and this proposal allows the DVLA to focus on its core activities such as proper and effective vehicle and keeper registration, collection and safeguarding that data, ensuring that it is shared only with those lawfully entitled to it.
6,000+
65,000+
appeals registered since POPLA launched in October 2012
Everyone has a right to expect professionalism from those who provide and manage parking services Everyone should have the opportunity to appeal against parking enforcement
motorist inquiries and investigations dealt with since January 2014
51% won by operators
49% won by motorists
What should an SSB look like The body should consist of a board of consumer, motorist, operator and landowner representatives with government and DVLA observers. It should establish an executive to support its functions. It should ensure it can fund its activities through a precept on Operator Schemes and it should own a single code of practice for the private parking sector. It should replace the existing DVLA Consumer Forum.
A single independent appeals service The government should also establish an independent scrutiny board (or require the SSB to establish one) to procure a single independent appeals service to resolve disputes between motorist and operator. It is bad for consumers if different appeals services operating under different standards are allowed to develop. A single service, free to motorists and based on principles underpinning existing parking appeals services, which are well understood by motorists, would increase consumer confidence and address any perceived unfair practices.
Government
Scrutiny Panel Independent Appeals
SSB
Operator Scheme
Operator Scheme
Operator Scheme
Parking Companies
Parking Companies
Parking Companies
Summary An SSB will be accountable to government but self-funding. It will ensure that standards continue to rise for the management of private parking, maintaining a code of practice for the whole sector and ensuring that an independent appeals service is established and maintained. Operator Schemes will be accountable to the SSB for auditing and sanctioning their members under the code of practice. The proposal removes DVLA from the role of accounting for standards in the sector. The Agency would rely on the standard-setting body to approve private parking operators to access their database under “reasonable cause” provisions. Current case law is not sufficient to satisfy the call for better regulation which we and consumer organisations seek. We urge government to assist motorists by acting to regulate the private parking sector as set out in this document rather than relying on the courts to impose a decision. The BPA believes in putting the consumer at the heart of any solution and we believe that this proposal will meet consumer concerns about the private parking sector and lead to higher standards and comprehensive independent redress.
BRITISH PARKING ASSOCIATION
British Parking Association Stuart House, 41-43 Perrymount Road, Haywards Heath, West Sussex RH16 3BN Phone: +44 (0) 1444 447300 Fax: +44 (0) 1444 454105
[email protected] www.britishparking.co.uk © British Parking Association 2015
