The Independent Appeals Service (IAS), which listens to appeals against parking charge notices issued by members of the Independent Parking Committee, has become an accredited alternative dispute resolution (ADR) provider.
The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 come into effect on 9 October.
The new regulations will require traders, once they fail to resolve a dispute through their own customer service efforts, to...
Ironically, according to TransportXtra the BPA have said POPLA will not go down the same route,
The IAS have not yet appeared on the list of approved bodies listed on the Chartered Trading Standards Institute site, so they may still be in the process of accreditation.
The guidance notes for gaining approval as an ADR body are here.
As the IAS fails to meet large numbers of these criteria, it is difficult to see how they can become accredited without changing the way they work. The Prankster has previously detailed their failings.
It is difficult to see how they will meet this requirement.
(e) The consumer has not submitted a complaint to you within the time period specified by you for dealing with complaints, provided that such time period is not less than 12 Months from the date upon which the trader has given notice to the consumer that the trader is unable to resolve the complaint with the consumer.Currently the driver is only allowed 21 days to appeal to the trader, and then a further 21 days to appeal to the IAS. Where a windscreen ticket is issued, the keeper is not allowed to appeal at all because they are only notified on or after day 28, 7 days after the appeal window has closed.
The ADR guidelines make it clear that the motorist only has to attempt to resolve the matter with the trader. They do not, for instance have to follow arbitrary rules and obstacles which the trader puts in their way, such as a 21 day deadline to appeal.
The attempt made by the consumer must be a realistic one, although it is an attempt that is required and many disputes arise because a trader fails to respond to attempts from a consumer to raise problems about a transaction.Once the trader has refused to deal with the matter, the motorist then has one year to complain to the ADR Entity.
If the IAS does gain accreditation, no doubt the IPC companies will all be haring back to the BPA so they can use POPLA with its 28 day appeal limit.
The Parking Prankster