NEWS
BPA NEWS
CONFUSION STILL EXISTS OVER BAILIFF SECTOR REFORM
The government’s continued refusal to commit to formal regulations for the bailiff industry has been met with disappointment by the BPA who, along with many members of the bailiff profession, had been hoping for a clear and consistent regulatory regime for the whole sector.
The Ministry of Justice has published its long awaited consultation on bailiff reform and the industry is now digesting its content. The initial reaction from the BPA is that regulation is: ‘the best safeguard for debtors and enforcement agents. ‘In particular, we believe the government should be addressing the certification or regulation of companies as well as individuals.
The government has stuck to its policy of reducing red tape, particularly for small- to medium-sized businesses, but the BPA has responded: ‘We have heard that they (the government) are concerned about burdens on small businesses, but such protection from rogue
A major concern voiced by
activities or aggressive bailiffing can only assist small businesses and protect them from poor practice.’ Fee structuring was discussed within the consultation document. The BPA has said that the fee structure must incentivise the enforcement agent or agency to recover the debt at the earliest opportunity, and at minimum cost to the debtor. Equally, legislation must allow the agent to seize or remove
OPINIONATED PEOPLE NEEDED
Members of the BPA have one month left to add their voices to a consultation on the new membership structure. The consultation aims to consolidate the work of the Institute of Parking Professionals (IPP) with the work of the BPA to create a fully inclusive body that
14 JUNE 2012
incorporates individuals. Following the BPA Council meeting in March, a draft proposal was approved for such a structure. Members are encouraged to visit the website
www.britishparking.co.uk to make their opinion count. Responses are needed via the online survey by 13 July.
goods if that is the only way of recovering debts.
The consultation paper also highlighted an important discrepancy – the lack of uniformity in VAT charges for different debts. Presently, the debtor pays VAT on the fees and charges applied to a parking penalty. However, for council taxes, the debtor does not pay VAT; instead the local authority pays the tax. The BPA has called for uniformity between all debt types.
the BPA, and echoed by the bailiff industry, is the proposed requirement that a vehicle should be left immobilised for 24 hours before removal. This is not a practicable solution, said the BPA, as evidence demonstrates that immobilisation devices are often attacked within minutes. ‘This seems an odd change to make at the same time as government is banning clamping on private land.’ The BPA has suggested that further government intervention is necessary to ensure a clear set of national bailiff standards. It said: ‘Existing laws are insufficient; terminology is confusing and mismatched to purpose; there is no consistency between differing debt types; and existing fee structures are out- dated and do not represent the process accurately. ‘However, the proposals within the consultation will address members’ concerns. We would encourage the government to move to implementation as soon as possible.’
associationcalendar
14 June Local Authority Special Interest Group Oxford Town Hall, St Aldate’s, Oxford
19 June
Eastern Regional meeting The Bobby Robson Suite, Ipswich Town Football Club, Ipswich
21 June
South-East Regional Group, Town Hall, Hastings
27 June North-West Regional Group NSL Shared Services Centre, Oldham
21 June
Higher Education Special Interest Group
Manchester Metropolitan University, Manchester
5 July BPA AGM IHT, 119 Britannia Walk, London
11 July Wales Group County Hall, Haverfordwest
11 July
Healthcare Special Interest Group Venue tbc
www.britishparking.co.uk
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