PARKING ON PRIVATE LAND
FEATURE
for tickets issued by local authorities. The motorist must submit their evidence, as must the operator, by post. Each case will be assessed by the adjudication team, whose members are legally qualified and judicially independent. They will reach a decision on the basis of law such as (but not limited to) contract law, consumer protection law, Protection of Freedoms Act and trespass. Operators will be provided with guidance on how to make representations to Popla, which will be supported by workshops. Michael Greenslade, an existing adjudicator in the statutory services, has been designated to lead the panel of assessors at Popla, and will be supported by a team of legal professionals.
What if the adjudicator finds in favour of the operator?
The government requires us to make the decision of the adjudicator binding on the operator, and we will do this through the AOS Code of Practice, which has been revised to take the various changes into consideration. We cannot, however, make the decision binding on the
motorist. This means that, if an adjudicator decides in favour of the operator, but the motorist still refuses to pay, the operator will need to use the Small Claims Court and the existing legal system to recover unpaid parking charges. A judge is more likely to view favourably a decision already made independently by another legal professional. We have discussed this with the government and have commenced negotiations towards establishing a service where AOS members who offer independent appeals can benefit from the efficiencies of ‘fast track’ bulk registration of debt in the same way that local authorities do with the Traffic Enforcement Centre (TEC). However, we first have to prove the
worth of the IAS, and operators will need to demonstrate that recovery of unpaid – but successful – appeals are difficult and costly to take to court in the normal way and that there are volumes sufficient to justify bulk servicing. We will continue to work towards this.
It is most important that operators follow up unpaid parking charges through
www.britishparking.co.uk
the courts, both to underpin the entire enforcement process and also to enable us to understand the scale of the recovery operation. To do otherwise reduces the value of any enforcement action. People soon realise that no follow up occurs, and may then ignore any terms and conditions.
A judge is more likely to view favourably a decision already made independently by another legal professional
How will the IAS be funded? The government stipulated five requirements of the IAS: 1. The IAS should be independent and be seen to be independent; 2. The IAS must be fully funded by the private parking sector; 3. The decisions of the adjudicator will be binding on the operator; 4. There will be no charge for the motorist to access the IAS; and 5. That the IAS should be available for all tickets issued by members of an ATA. Two of these relate to how the IAS is delivered financially, and these were taken into consideration when funding models for the service were developed. Detailed work was undertaken to establish the best way to fund the IAS, which resulted in a three-tiered approach being taken, with AOS members paying the
following: ■ A one-off joining fee, covering the
establishment of the IAS;
■ An annual membership fee for the IAS, which covers the fixed costs of running the service; and
■ A per-appeal fee of £27 which covers the typical costs of processing each appeal.
What is duty for the keeper? Parking charge notices (PCNs) are either issued to the driver or to a registered keeper (where, for example, ANPR cameras are used). The act introduces a duty on the keeper to identify the driver. Failing this, the keeper becomes liable for any PCN due as a result of the breach of contract or trespass. This will make it easier for parking operators to manage parking on private land, reducing costs and increasing collection rates for parking operators.
While this gives an overview of the IAS, we appreciate that there may be further questions and our FAQs – available at
www.britishparking.co.uk – can help you.
SEPTEMBER 2012 35
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