BPA Approved Operator Scheme ractice Control and ...

1 BPA Approved Operator Scheme code of PracticeControl and enforcement of parking on private land and unregulated public car parksVersion 8 - January 2020 BRITISH PARKING ASSOCIATION code OF PRACTICEGENERAL CONDITIONS2I am delighted to introduce this latest version of the code of Practice for parking on private land which has been updated following extensive consultation with stakeholders. The updated code reflects recent changes in legislation and advances in technology which demonstrates our commitment to continuously raise standards across the profession. These improvements help ensure that our members who operate parking on private land are always providing a consistent service for their customers.

2 I would like to thank everyone who contributed to improving the code , in particular members of the Advisory Panel which includes representatives from both operators and consumer/motoring organisations. John McArdleBPA PresidentFOREWORDBRITISH PARKING ASSOCIATION code OF PRACTICEBRITISH PARKING ASSOCIATION code OF PRACTICECONTENTS 3A General conditions in the United Kingdom ..41 Introduction ..53 code administration ..64 Conditions ..65 Warranty and Monitoring compliance with the code ..77 Written authorisation of the landowner ..78 Keeping and disclosing information ..79 Professionalism ..810 Learning and 911 Requesting registered keeper details ..913 Consideration and Grace Misrepresentation of authority.

3 915 Third-party sub-contractors and self-ticketing ..1016 Disabled motorists ..1017 Keying Operational requirements in England and Wales ..1218 Introduction to the operational requirements ..1219 Signs ..1220 Charges, and terms and conditions ..1221 Parking charge notices ..1322 ANPR ..1523 Complaints, challenges and appeals ..1624 Recovering unpaid parking charges ..1725 Vehicle immobilisation and removal ..18C Operational requirements in Scotland and Northern Ireland ..1926 Introduction to the operational requirements ..1927 Signs ..1928 Charges, and terms and conditions ..1929 Parking charge notices ..2030 Automatic number plate recognition (ANPR) ..2231 Complaints, challenges and Recovering unpaid parking charges.

4 24 Appendices ..25A Vehicle immobilisation and removal in Northern Ireland and where lawful authority applies ..26B Mandatory entrance Schedule 4, Protection of Freedoms Act 2012 ..32D Contact P arking charge notice flow chart: recovering unpaid parking charge notices and for appeals under POFA 2012 ..41F Surveillance Camera Commissioner s code of Practice - A guide to the 12 principles ..43G Railway Byelaws ..44 BRITISH PARKING ASSOCIATION code OF PRACTICE41 Glossary A Parking Accredited Trade Association (ATA) A parking Operator must be a member of an Accredited Trade Association (ATA) that is recognised by the DVLA to be able to request the Registered Keeper s details if they have reasonable cause.

5 AOS The Approved Operator Scheme (AOS) is the BPA s Accredited Trade Association for people and organisations that undertake management of parking on private land. Members of the AOS must adhere to the BPA AOS code of Practice. ANPR Automatic Number Plate Recognition is a technology that uses specialist cameras, software and image processing to capture vehicle registration plates and converts the registration plate images into data. Photographs are taken at the entry and exit points of a car park showing when a vehicle arrives and when it leaves. code Means this code of Practice. Driver Is the person driving the vehicle at the time the alleged breach of the parking terms and conditions (contravention) occurred.

6 IAS Independent Appeals Service has a brand name of POPLA (Parking on Private Land Appeals) and is currently run by the Ombudsman Service. ICO Means the Information Commissioner s Office. Keeper liability Under Schedule 4 of the Protection of Freedoms Act (2012) a Registered Keeper may become liable to pay a parking charge if the driver is not known or the driver s details have not been provided by the keeper within the timescales outlined in Schedule 4 Protection of Freedoms Act (2012). Notice to Driver A parking charge notice which has been issued to the driver. It is either affixed to the vehicle or issued via post (if the registered keeper has transferred liability to the driver).

7 If the notice is utilising the Protection of Freedoms Act (2012) it must meet the conditions within Schedule 4 of the Protection of Freedoms Act (2012), in particular paragraph 7. Notice to Hirer A parking charge notice which is addressed to the person or company which hired the vehicle at the time of the contravention. If you seek to rely on the Protection of Freedoms Act (2012) it must meet the conditions of Schedule 4 of the Protection of Freedoms Act (2012), in particular paragraph 14. Notice to Keeper A parking charge notice which has been issued to the registered keeper. If the Protection of Freedoms Act (2012) is mentioned on the notice, the Operator will be utilising the legislation and the notice must meet the conditions of Schedule 4, paragraph 8 (if the notice is issued after a Notice to Driver) or paragraph 9 (if this is the first notice issued).

8 Parking charge Parking charge means a charge arising when a driver who breaches the terms and conditions of parking on private land, agrees to a charge that is advertised in the parking contract; for example, for an overstay or trespasses by parking without permission. It does not mean the normal parking tariff fees for parking, which are outside the scope of the code . Parking charge notice (PCN) A document placed on a vehicle, or sent by post to the registered keeper or hirer, by the car park owner, Operator or their agent when there is evidence to believe that the terms and conditions for parking on a site, as detailed on the terms and conditions signs, have been breached.

9 Parking contract The agreement between the driver and the owner or Operator of a car park on private land. The contract is offered by the signage and accepted when the motorist remains on site. Parking tariff The fee that allows a driver to pay for parking in a car park on private land. POFA 2012 Schedule 4 of the Protection of Freedoms Act (2012). Private car park Any car park that is on private land and is not subject to statutory Control . Relevant land This is defined in paragraph 3 of Schedule 4 of the Protection of Freedoms Act (2012). Recovery charges Supplementary charges that an Operator may add for a debt recovery process and/or solicitor fees and/or court fees to pursue a parking charge notice.

10 We , Us , or Our Means the British Parking Association. You or Your Means in relation to this code , any Company or Organisation that is an AOS Member. A GENERAL CONDITIONSBRITISH PARKING ASSOCIATION code OF PRACTICE52 The British Parking Association (BPA) is an independent body which represents, promotes and influences best practice in the parking sector throughout the UK and Europe. The BPA set up the Approved Operator Scheme (AOS) in 2007 specifically to represent those involved in managing and enforcing parking on private, unregulated land. The code is owned and managed by the BPA on behalf of its AOS members. In the code , you means the AOS member a person or organisation carrying out parking Control and enforcement on private land; we means the The aim of the AOS code of Practice ( the code ) is to describe best practice for people and organisations that carry out parking Control and enforcement on private land.