PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Dodgy' parking firms face Government crackdown amid new code of practice, New parking code of practice to be passed into law by government
4101
post Sun, 28 Jan 2018 - 03:03
Post #1


Member


Group: Members
Posts: 181
Joined: 19 Dec 2017
Member No.: 95,634



http://www.dailymail.co.uk/news/article-53...e-practice.html


A little bird tells me that a certain ppc is being referred to the ico for consideration to prosecute.
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 17)
Advertisement
post Sun, 28 Jan 2018 - 03:03
Post #


Advertise here!









Go to the top of the page
 
Quote Post
henrik777
post Sun, 28 Jan 2018 - 06:20
Post #2


Member


Group: Members
Posts: 1,602
Joined: 16 Nov 2008
Member No.: 24,123



QUOTE
Andrew Pester, chief executive of the British Parking Association, said: 'We welcome Sir Greg's Bill that aims to drive consistency and fairness in the private parking sector. Our membership already complies with a robust code of practice which we continuously seek to improve through consultation.


Perhaps ParkingEye lied to the court in Beavis ?


QUOTE
Clause 19 provides:
“19.5 If the parking charge that the driver is being asked to pay
is for a breach of contract or act of trespass, this charge must
be based on the genuine pre-estimate of loss that you suffer.
We would not expect this amount to be more than £100. If the
charge is more than this, operators must be able to justify the
amount in advance.
19.6 If your parking charge is based on a contractually agreed
sum, that charge cannot be punitive or unreasonable. If it is
more than the recommended amount in 19.5 and is not justified
in advance, it could lead to an investigation by the Office of
Fair Trading.”



QUOTE
ParkingEye concedes that the £85 is payable upon a breach of contract, and
that it is not a pre-estimate of damages.
Go to the top of the page
 
+Quote Post
The Rookie
post Sun, 28 Jan 2018 - 07:18
Post #3


Member


Group: Members
Posts: 37,544
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Noting that the court found it complied with 19.6?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
Go to the top of the page
 
+Quote Post
Incandescent
post Sun, 28 Jan 2018 - 12:01
Post #4


Member


Group: Members
Posts: 11,385
Joined: 22 Apr 2012
Member No.: 54,455



What is also urgently needed is a crackdown on rogue councils and others like TfL who ruthlessly game the system. Adjudicators or maybe a new regulator is needed to stop enforcement when signage is ruled to be inadequate, and for very strong guidance on what constitutes "de minimis", especially for bus lane contraventions, restricted bus stops, and yellow box junctions.
Go to the top of the page
 
+Quote Post
oldstoat
post Sun, 28 Jan 2018 - 17:56
Post #5


Member


Group: Members
Posts: 1,290
Joined: 16 Jan 2009
From: Up north
Member No.: 25,505



see the government appears to be taking notice finally

http://www.bbc.co.uk/news/uk-42849443


--------------------
Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
Go to the top of the page
 
+Quote Post
andy_foster
post Sun, 28 Jan 2018 - 19:04
Post #6


Member
Group Icon

Group: Life Member
Posts: 20,158
Joined: 9 Sep 2004
From: Reading
Member No.: 1,624



QUOTE (Incandescent @ Sun, 28 Jan 2018 - 12:01) *
What is also urgently needed is a crackdown on rogue councils and others like TfL who ruthlessly game the system. Adjudicators or maybe a new regulator is needed to stop enforcement when signage is ruled to be inadequate, and for very strong guidance on what constitutes "de minimis", especially for bus lane contraventions, restricted bus stops, and yellow box junctions.


What is needed is a system where those who do the enforcement don't get to keep the penalties (or otherwise directly profit from issuing them). I know it sounds a bit far fetched, but imagine if somebody could come up with a system where operatives - lets call them Traffic Wardens - were employed by the police and the fines went to the treasury. There would be no incentive to 'game the system' (a phrase whose use in this context I consider analogous to describing Adolf Hitler as being slightly anti-Semitic).


--------------------
Andy

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
Go to the top of the page
 
+Quote Post
Incandescent
post Sun, 28 Jan 2018 - 19:30
Post #7


Member


Group: Members
Posts: 11,385
Joined: 22 Apr 2012
Member No.: 54,455



QUOTE (andy_foster @ Sun, 28 Jan 2018 - 19:04) *
QUOTE (Incandescent @ Sun, 28 Jan 2018 - 12:01) *
What is also urgently needed is a crackdown on rogue councils and others like TfL who ruthlessly game the system. Adjudicators or maybe a new regulator is needed to stop enforcement when signage is ruled to be inadequate, and for very strong guidance on what constitutes "de minimis", especially for bus lane contraventions, restricted bus stops, and yellow box junctions.


What is needed is a system where those who do the enforcement don't get to keep the penalties (or otherwise directly profit from issuing them). I know it sounds a bit far fetched, but imagine if somebody could come up with a system where operatives - lets call them Traffic Wardens - were employed by the police and the fines went to the treasury. There would be no incentive to 'game the system' (a phrase whose use in this context I consider analogous to describing Adolf Hitler as being slightly anti-Semitic).

Yes, let's bring back the Traffic Wardens !! However, I suspect there isn't a Chief Constable in the land who wants to take on more traffic enforcement. Better to ban surpluses, and any that accrue to go back to HM Treasury. Bus lane enforcement is a real scam. When you see the photos of the alleged contravention, there is never a bus in sight. Better to change the law to be "obstructing a bus in a bus lane". You would be able to enter the lane but only if you obstructed a bus would you be whalloped.
Go to the top of the page
 
+Quote Post
cp8759
post Sun, 28 Jan 2018 - 19:33
Post #8


Member


Group: Members
Posts: 1,020
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Incandescent @ Sun, 28 Jan 2018 - 19:30) *
Yes, let's bring back the Traffic Wardens !! However, I suspect there isn't a Chief Constable in the land who wants to take on more traffic enforcement. Better to ban surpluses, and any that accrue to go back to HM Treasury. Bus lane enforcement is a real scam. When you see the photos of the alleged contravention, there is never a bus in sight. Better to change the law to be "obstructing a bus in a bus lane". You would be able to enter the lane but only if you obstructed a bus would you be whalloped.

Yes but then people would appeal saying "oh there was no bus in sight when I moved into the bus lane, then this queue of traffic appeared out of nowhere which blocked by exit, nobody would let me out of the bus lane, and this that and the other..." and bus lanes would become unworkable.
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Sun, 28 Jan 2018 - 19:57
Post #9


Member


Group: Members
Posts: 11,178
Joined: 6 Nov 2014
Member No.: 74,048



When adjudicators repeatedly find a contravention not proved, because of signs or lines. Then the chief adjudicator should be able to rule that they are non compliant. Any PCN's issued after that ruling would be invalid the council should be forced to pay them all back and an investigation into whether or not an abuse of power has occurred should be held If yes heads should roll
Go to the top of the page
 
+Quote Post
4101
post Sun, 28 Jan 2018 - 20:11
Post #10


Member


Group: Members
Posts: 181
Joined: 19 Dec 2017
Member No.: 95,634



Money for removal and storage used to go to the 'police fund'.
Go to the top of the page
 
+Quote Post
southpaw82
post Sun, 28 Jan 2018 - 22:21
Post #11


Member


Group: Members
Posts: 27,679
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (4101 @ Sun, 28 Jan 2018 - 20:11) *
Money for removal and storage used to go to the 'police fund'.

Nothing mysterious about it. It’s the name of the fund established under s 14 of the Police Act 1996. Every police authority has one.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
4101
post Sun, 28 Jan 2018 - 22:33
Post #12


Member


Group: Members
Posts: 181
Joined: 19 Dec 2017
Member No.: 95,634



QUOTE (southpaw82 @ Sun, 28 Jan 2018 - 22:21) *
QUOTE (4101 @ Sun, 28 Jan 2018 - 20:11) *
Money for removal and storage used to go to the 'police fund'.

Nothing mysterious about it. It’s the name of the fund established under s 14 of the Police Act 1996. Every police authority has one.



It existed long before that, and I did not say it was 'mysterious'.
Go to the top of the page
 
+Quote Post
southpaw82
post Sun, 28 Jan 2018 - 22:34
Post #13


Member


Group: Members
Posts: 27,679
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (4101 @ Sun, 28 Jan 2018 - 22:33) *
QUOTE (southpaw82 @ Sun, 28 Jan 2018 - 22:21) *
QUOTE (4101 @ Sun, 28 Jan 2018 - 20:11) *
Money for removal and storage used to go to the 'police fund'.

Nothing mysterious about it. It’s the name of the fund established under s 14 of the Police Act 1996. Every police authority has one.



It existed long before that, and I did not say it was 'mysterious'.

No doubt. Your use of quote marks gave that impression. If that wasn’t your intention then fine.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
4101
post Sun, 28 Jan 2018 - 23:34
Post #14


Member


Group: Members
Posts: 181
Joined: 19 Dec 2017
Member No.: 95,634



Draft bill

5 Effect of parking code
(1)A failure on the part of any person to act in accordance with any provision of
the parking code does not of itself make that person liable to any legal
35proceedings in any court or tribunal.
(2)But the Secretary of State must have regard to a failure to act in accordance
with the parking code when deciding—
(a)whether to disclose any particulars contained in the register to a person
under regulation 27 of the Road Vehicles (Registration and Licensing)
40Regulations 2002 (S.I. 2002/2742S.I. 2002/2742);
Parking (Code of Practice) BillPage 3

(b)whether a person should be, or should continue to be, an accredited
parking association.

(3)A person is an “accredited parking association” for the purposes of this Act if—
(a)the person (“the association”) represents the interests of persons who
5provide, operate or manage private parking facilities, and
(b)the Secretary of State considers that it is appropriate for particulars
contained in the register to be disclosed to persons who are members of
the association.



This post has been edited by 4101: Sun, 28 Jan 2018 - 23:35
Go to the top of the page
 
+Quote Post
busman
post Sun, 28 Jan 2018 - 23:41
Post #15


Member


Group: Members
Posts: 677
Joined: 11 Oct 2006
From: stapleford,nottingham
Member No.: 8,176



QUOTE
QUOTE

What is needed is a system where those who do the enforcement don't get to keep the penalties (or otherwise directly profit from issuing them). I know it sounds a bit far fetched, but imagine if somebody could come up with a system where operatives - lets call them Traffic Wardens - were employed by the police and the fines went to the treasury. There would be no incentive to 'game the system' (a phrase whose use in this context I consider analogous to describing Adolf Hitler as being slightly anti-Semitic).

Yes, let's bring back the Traffic Wardens !! However, I suspect there isn't a Chief Constable in the land who wants to take on more traffic enforcement. Better to ban surpluses, and any that accrue to go back to HM Treasury. Bus lane enforcement is a real scam. When you see the photos of the alleged contravention, there is never a bus in sight. Better to change the law to be "obstructing a bus in a bus lane". You would be able to enter the lane but only if you obstructed a bus would you be whalloped.


I drive a bus in Nottingham.In peak time,I anxiously wait for a row of one to several vehicles in line at the start of the bus lane waiting to filter into the line of private vehicles, making me even later than I currently am.

If private vehicles were allowed to use the bus lane, but must leave the bus lane when a bus approaches in the bus lane, there would be a snarl up of private vehicles waiting to get out of the bus lane.Or drivers would ignore the bus stating they never saw the bus approaching as they didn't look in their rear view mirror.

In Nottingham, there is a bus around every 25 seconds between the Queens Medical Centre and the City.Some bus lanes are peak time use, some are 24 hour use.In my opinion, they work well but could work better if drivers didn't wait at the start of the bus lane waiting to filter into the traffic lane.The bus drivers job would be easier, we could hopefully reach our intending passengers on time(or near enough), and we would hopefully keep on time, preventing passengers asking "Why are you late driver"?.

This post has been edited by southpaw82: Mon, 29 Jan 2018 - 00:02
Go to the top of the page
 
+Quote Post
4101
post Sun, 28 Jan 2018 - 23:54
Post #16


Member


Group: Members
Posts: 181
Joined: 19 Dec 2017
Member No.: 95,634



QUOTE
I drive a bus in Nottingham.In peak time,I anxiously wait for a row of one to several vehicles in line at the start of the bus lane waiting to filter into the line of private vehicles, making me even later than I currently am.

If private vehicles were allowed to use the bus lane, but must leave the bus lane when a bus approaches in the bus lane, there would be a snarl up of private vehicles waiting to get out of the bus lane.Or drivers would ignore the bus stating they never saw the bus approaching as they didn't look in their rear view mirror.

In Nottingham, there is a bus around every 25 seconds between the Queens Medical Centre and the City.Some bus lanes are peak time use, some are 24 hour use.In my opinion, they work well but could work better if drivers didn't wait at the start of the bus lane waiting to filter into the traffic lane.The bus drivers job would be easier, we could hopefully reach our intending passengers on time(or near enough), and we would hopefully keep on time, preventing passengers asking "Why are you late driver"?.


That is civil enforcement (councils etc.) the draft bill covers private land only.

It will be interesting to see what happens to the IPC when the FOIA stuff comes out (which may be in March).

I favour electric trams for town centres, but they are expensive to buy etc. Private cars are gonna be banned eventually, starting with dirty diesels.
I have been looking at Nissan Leaves, the Mayor seems to approve.

This post has been edited by southpaw82: Mon, 29 Jan 2018 - 00:01
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 29 Jan 2018 - 09:27
Post #17


Member


Group: Members
Posts: 37,544
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Many bus lanes are sensible, some are bizarre.

I recall when Northants introduced the bus lane from Sixfields down to St James, it was for a 2 hour period during which 6 (yes SIX) buses were scheduled, one every 20 minutes (give or take), yet it significantly impeded the other traffic for no real benefit, it was never congested UNTIL they brought in the bus lane, so there was no benefit for the buses anyway.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 8-0 PPC's
Go to the top of the page
 
+Quote Post
ManxRed
post Mon, 29 Jan 2018 - 12:10
Post #18


Member


Group: Members
Posts: 8,676
Joined: 20 Aug 2008
Member No.: 21,992



This thread has gone from what I'd hoped would be a lengthy discussion on how long Simon Renshaw-Smith is likely to be banged up in Chokey, to a conversation about trams and bus lanes.

Yours,
Disappointed of Neaden.


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Sunday, 18th February 2018 - 22:21
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.