New BPA Code of Practice (Jan 2018)

[charitynjw]

https://www.britishparking.co.uk/Cod...nce-Monitoring

Current Code of Practice.
Also previous CoPs.

[Kati]

Re: New BPA Code of Practice (Jan 2018)

....

13 Grace periods

13.1 If a driver is parking without your permission, or atlocations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them witha reasonable grace period to leave, as they will not be bound by your parking contract.

13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.

13.2.a Vehicles are not permitted to park under the grace period in spaces designated to specific users for example Blue Badge holders. At all times vehicles must have appropriate and valid permit e.g Blue Badge on displayfor enforcement officer to inspect.

13.3 You must tell us the specific grace period at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the endof the parking period should be a minimum of 10 minutes.

[charitynjw]

Re: New BPA Code of Practice (Jan 2018)

Confusion still reigns.

I would argue that the 'reasonable' grace period at the beginning of the parking event should be given in addition to the min 10 minutes to exit......whether you choose to park or not. (Particularly in ANPR cases).

[mystery1]

Re: New BPA Code of Practice (Jan 2018)

http://www.legislation.gov.uk/ukpga/...ion/69/enacted

69Contract terms that may have different meanings
(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.



Given the starting point of any contract is a key element, i'd say there is no logical reason that a court can hold the contract started as soon as you passed a random camera. Acceptance of a contract by conduct necessitates actually parking and in order to be fair, time to read, digest and accept the terms offered. (even the bpa cop agrees).

If it is held that the contract starts at the camera, Thornton v Shoe lane would apply and given the entrance signage is only to tell you to read more details inside the car park, as per COP, most car parks would have severe issues trying to enforce.

M1

[souper]

Re: New BPA Code of Practice (Jan 2018)

Hi, Thank you for highlighting the new code. If a parking incident happened in December 2017 does the person contacting the parking co and POPLA have to cite the old code or rely on the new one - or both!! Bit confused. Thanks.

[charitynjw]

Re: New BPA Code of Practice (Jan 2018)

Hi, Thank you for highlighting the new code. If a parking incident happened in December 2017 does the person contacting the parking co and POPLA have to cite the old code or rely on the new one - or both!! Bit confused. Thanks.

2.8 The Code comes into force from 2 January 2018. Itreplaces all previous codes.

http://www.britishparking.co.uk/writ...nuary_2018.pdf