The British Parking Association (BPA) has introduced a points style scheme of sanctions, to ensure Approved Operators comply with its Code of Practice for managing parking on private land.
In a scheme that runs in a similar way to the points system for driving licences, parking operators will be issued with points up to a maximum of 12 for contravening the BPA Approved Operator Code of Practice. If the maximum points are reached, the operator will automatically be fast-tracked to the BPA Council for a disciplinary hearing, which can result in expulsion from the scheme.<br><br>BPA Approved Operator Points Scheme – Fast Facts<br><br>• 12 point maximum, before referral to Council <br>• Before points are issued, operators are given the opportunity to take agreed remedial action, within a time limit (if this is not done, points will automatically be awarded)<br>• There are approximately 40 different contraventions<br>• Five ‘levels’ of contravention from Level One (minor) to Level Five (severe), with different number of points (from 1-10) attached to each <br>• Points are deemed to be ‘spent’ within 12 months<br><br>An summary guide to the system can be downloaded here.<br><br>Patrick Troy, Chief Executive of the British Parking Association, said: “We have been working with approved operators for just over two years now, and while it is clear that some make mistakes, most learn from them and change their systems to operate in the motorists’ best interests. However, after time, some operators fall back into bad habits, so this system is designed to encourage a consistent standard of good conduct. <br><br>“This new points system means those that continually breach the Code of Practice will feel the impact of their actions – just like motorists who commit traffic offences and can eventually be disqualified or banned.” <br><br><br>Following introduction of the BPA’s Approved Operator Scheme and Code of Practice in 2007, there have been a number of other, more recent, initiatives designed to improve the parking sector:<br><br>• In response to BPA and public pressure, the BPA is working with government to introduce an Independent Appeals service that applies to parking on private land<br>• The BPA and DVLA worked together to ‘clean up’ the sector, implementing a new Government initiative from November 2009 where any operator working on private land must be a member of an Accredited Trade Association (such as the BPA) to access driver details from DVLA. <br>• In October 2009, a ‘Parking Summit’ was hosted by the BPA to join Government, industry and motorist representatives in discussion of how to improve parking enforcement and ensure a fair service<br>• An updated Code of Practice was introduced in 2009<br><br>Stephen Glaister, Director of the RAC Foundation, said: “The RAC Foundation welcomes the progress made by the BPA through the Approved Operator Scheme to raise standards in the parking industry. For motorists undertaking any trip by car, parking is essential at the end of the journey. For many journeys there is rarely any reliable way of predicting what parking may be available. Motorists are forced to rely on parking where they can and being treated fairly by those who provide parking facilities close to their destinations. The Approved Operator Scheme will go a long way towards ensuring that fewer motorists who park on private land and in privately run car parks will become victims of sharp practice.”
Meanwhile cash-strapped councils are being tempted to break the law by setting parking charges to raise money to run other services, according to a report for the RAC Foundation. Barrister Dr Chris Elliott said: “It appears parking charges and penalties are being treated as ‘back door’ taxation by local authorities. The amount that can be raised is so great – in some cases comparable to the amount raised by Council Tax – that it creates a ‘moral hazard’ by empting authorities to treat it as a source of income.”
Dr Elliott said the law clearly stated that on-street parking fees and penalty charges can only be set with the intention of “relieving or preventing congestion of traffic” and covering the cost of administering the schemes.
Strict rules state that any surplus, with only minor exceptions, must be spent on contributing to the cost of off-street parking, public transport, road improvements and environmental improvements.
Councils should not set out to raise money for these or any other purpose.
Dr Elliott found several instances where public statements by local authorities were at best ambiguous about the purpose of parking charges. His review of the law comes at the same time as the Sunday Telegraph revealed “at least 150 councils have brought in new parking charges this year or are considering such a move.”
Professor Stephen Glaister, director of the RAC Foundation, said:
“Motorists have always been suspicious that councils regard them as mere cash cows. The evidence now suggests that in some cases they are dead right.”
“With big budget cuts on the horizon, the temptation amongst councils will be to load steeper charges on drivers parking their cars. But they must resist the temptation or else they will be breaking the law and leaving themselves open to legal challenge.”
