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FEATURE


BAILIFF SPECIAL


The MOJ will need to set up working groups that include representatives from all stakeholder groups to consider


the outstanding issues and inform the post implementation review


Paul Sharpe is chair of the BPA’s Bailiff and Enforcement Special Interest Group (BESIG), which represents the interests of the bailiff companies who are members of the BPA. He is also sales and marketing director of Equita. January saw the MoJ publish its recommendation to the recent consultation paper entitled Transforming Bailiff Action. The 72-page response sets out the next stages in the reforms and commits the government to implement the new rules on 1 April 2014.


Those readers who attended the recent joint meeting of BESIG and the local authority special interest group (LASIG) will have heard the spokesperson from the MOJ confi rm that to fi nalise the regulations the MOJ will need to set up working groups that include representatives from all stakeholder groups to consider the outstanding issues and inform the post implementation review.


The BPA and BESIG members will be involved in these groups in helping to agree rules that are fair to members of the public and, equally importantly, workable. Important areas that will require clarity include: ■ Explore the issue of possible time limits for the clamping of a car from clamp to release


■ Work with stakeholders on the content of prescribed notices to be used when taking control of goods and also


consider what other leafl ets or guidance should be developed to assist all the parties


■ Seek views from all stakeholders on the impact of the regulations post implementation.


It is crucial that those who will be directly involved in the new enforcement process are also involved in clarifying outstanding issues and the post implementation process.


At the recent meeting a spokesperson from the MOJ was careful to emphasise that local authorities are, and will remain, responsible for the actions of their appointed enforcement and debt collection agents. It is not acceptable for a council to respond to a complainant that they cannot get involved.


This can only be achieved through a joined up approach and BESIG and LASIG have a crucial role to play in ensuring that the new rules are workable and effective.


40


APRIL 2013


www.britishparking.co.uk


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