presentation slides - British Parking Association

The Approved Operator Scheme
Protection of Freedoms Act and Parking on Private Land
A review
of the changes
Protection of Freedoms Act & Schedule 4
Independent Appeals Service
The role of the AOS
Code 2012
• October 2007 BPA launches AOS
• Objective is a regulated environment which is:
 Fair to both operator & motorist
 Meets landowners needs
• Accredited Trade Association (ATA) status
• 17th August 2010 ban on wheel clamping announced
Protection of Freedoms Act and private parking
• Clamping/towing away on private land generally banned
• Exception = where there is “lawful authority” - any
statutory provision allowing management of parking
• In force beginning October 2012
• Relates to England and Wales, not Scotland & NI
• Parking management in England & Wales = ticketing
Protection of Freedoms Act and private parking
• BPA negotiate Keeper liability in return for Independent
Appeals Service (IAS)
• Registered vehicle keeper must identify the driver
• ATA membership for DVLA information
• Keeper Liability gives teeth to enforcement on private
Protection of Freedoms Act and Schedule 4
• Schedule 4 “Recovery of Unpaid Parking Charges”
• Specifies a range of requirements for instance:
standard contents e.g. tickets
processes e.g. serving tickets
• Obtaining necessary evidence
Independent Appeals Service (IAS)
• Keeper Liability only if a credible IAS is in place
• London Councils/POPLA will provide the IAS service
• Process similar to CPE but:
 Different legislation
 AOS Code
• Will start October 2012
Five Government principles for the IAS
• Independent and be seen to be independent
• Free to the motorist
• Adjudicator decision binding on the operator
• Fully funded by the sector
• Available on all tickets issued by an AOS member
IAS Processes
• Initial appeal to operator, operator provides IAS details
• Appeal via letter or email: no personal or telephone appeals
• Checklist of requirements for each appeal
• IAS independent of AOS/BPA
• Annual report from IAS
Sector benefits from the IAS
• Fair and consistent approach for all stakeholders
• Improve quality and customer service standards
• Consistent with public sector enforcement
• Assist effectiveness of ticketing enforcement
The role of the AOS
• AOS Code of Practice
• Application, approval, audits and sanctions
• Central facilitator
• Primary legislation
• Encourage consistency and professionalism
• Accredited training qualifications for Private Parking
Code 2012
• Revision to reflect changes in:
 Legislation e.g. IAS & Freedoms Act
 Sector e.g. Self ticketing
• Review group includes Government & Consumer Orgs.
• Aim is to finalise in July 2012
• Transition arrangements
Code 2012: Key Principles
• Charge levels for AOS - £100
• Follow CPE with discount for prompt payment
• IAS decision is binding on the operator
• Code timetable & transition arrangements
• Clamping banned from October 2012
• Ticketing basis for parking management going forward
• Keeper Liability to be introduced
• IAS introduced at the same time
• Revised AOS Code will provide guidance
Any questions ?
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