The Prankster previously blogged that the British Parking Association are attempting to change the terms of the appeals process by only adjudicating on a single point. Although the BPA are attempting to claim all other points have been adjudicated on, they have no credible proof of this. In fact this is an impossibility for many cases because the operators have not yet filed evidence packs, so there is nothing to adjudicate on. In at least one case the BPA have admitted by email that the case was not fully adjudicated.
Ironically, their own actions may invalidate the parking charge, even if all other points are later considered (eg by a court) and would have been found in the operators favour had not the BPA intervened.
Under the provisions of the PoFA in order to claim keeper liability the parking company has to comply with certain conditions. One of those conditions (7.2.d or 8.2.g or 9.2.g) is to serve a notice which must “inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available.” In all of those 4000 cases that will have taken place. However, if the arrangements have altered, because the BPA has changed them, the keeper can then argue that the parking company cannot pursue keeper liability because the arrangements are not the same as those disclosed.
If you have a stayed case at POPLA, it may be worth you writing to the parking company.
Dear Operator,
I understand that the BPA is considering changing the arrangement for the resolution of my case currently under appeal. If this occurs, then as the arrangements for the resolution of disputes or complaints that are available to me are different to those set out in the notice you served on me under paragraph [7(2)(d)/ 8(2)(g)/9.2(g)] of Schedule 4 of PoFA then you have not complied with that condition and as such you will then be unable to pursue keeper liability. I expect you to formally withdraw your claim in such a case, as you will no longer have a cause of action.
You can also write to the BPA at aos@britishparking.co.uk
Dear BPA,
I understand that you are considering changing the arrangement for the resolution of my case currently under appeal. If this occurs, then as the arrangements for the resolution of disputes or complaints that are available to me are different to those set out in the notice served by the operator on me under paragraph [7(2)(d)/ 8(2)(g)/9.2(g)] of Schedule 4 of PoFA then they will have not complied with that condition and as such will no longer be able to pursue keeper liability. I therefore wish to add this as an appeal point in my case. Please confirm that this has been added and will be considered by any assessor.
Happy Parking
The Parking Prankster
Putting the fun back into parking
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To my mind the simplest and most cost effective action is for the parking charges to be cancelled and the operator to be compensated by the BPA.
ReplyDeleteThe signage indicated the operator was a BPA member at the time a contract was formed.
The motorist is entitled to the appeal procedure relevant at that time not a half-baked scheme dreamt up at a later date.
You could be right. It may be too bitter a pill to swallow for the BPA though.
Deletepay them compensation? bit of a vicious circle . more money in there fighting funds to pursue motorists to court . either way I see a mas exodus to the IAS
ReplyDelete