The Analysis Comment
Something is afoot with enforcement law
Moves are under way that may lead to further reform of the law governing parking enforcement
Kathryn Shipman Public affairs and research coordinator, The British Parking Association
kathryn.s@britishparking.co.uk
You may recall late last year, when much of the media was focused on President Trump’s calls to boost US nuclear capabilities, a press release was published outlining the Ministry of Justice’s (MoJ) intentions to hold a consultation to consider how the current system can be improved and reinforced in relation to county court judgments (CCJ). It considered a subsequent communications campaign to remind and advise consumers of their rights and responsibilities in regards to CCJs.
Stakeholder debate We were asked to attend a stakeholder roundtable at the beginning of 2017 that was tasked with considering the current system and how it can be improved to ensure that companies take all reasonable steps before they apply to a court for a claim. The intent is that this will prevent papers being sent to the wrong address and the individual’s credit-reference file being affected. The consultation was due to be published
in the Spring of this year, although a snap general election has, of course, paused its publication. We will wait to see whether the new government continues the work started, although our thoughts remain the same. Given the complexities of modern life and
to tell the DVLA if they change their name or address. Regarding private parking, a CCJ should
be a last resort. Parking operators should use all reasonable means to recover unpaid charges and debt. Only when these means have failed should
they pursue through the court process – usually the Small Claims Court in respects of private parking – to seek a judgment on the debt.
Drivers remain responsible, by law, to tell DVLA if they change their name or address. Regarding private parking, a CCJ should be a last resort. Parking operators should use all reasonable means to recover unpaid charges and debt
the more transient nature of people, coupled with the restriction placed upon companies by data-protection laws, it is always possible that some individuals will slip out of any genuine attempts to trace them. Drivers remain responsible, by law,
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Reconnection We have reconnected with the Enforcement Law Review Group chaired by Lord Lucas. The group was founded in 1999, at the behest of the then Lord Chancellors Department, and was known as the Bailiff Reform Group, before it later changed its name. The remit was, and remains, to review changes in bailiff law. We have been a member of the group
for some time, but the group has recently resurfaced. However, they still incorrectly call ‘enforcement agents’ ‘bailiffs’ and they are still clamouring for reform. Possible changes may be underway. These interesting times are a powerful
opportunity to demonstrate the association’s relevance by having a positive and direct impact on public trust and continuing our work to improve everyone’s understanding
of why parking is managed, what steps to take if a ticket is issued, and the appeals process to follow if the ticket was issued unfairly or incorrectly. CCR
www.CCRMagazine.co.uk July 2017
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