My bothers keeper

I wrote the following letter to: The RT Honourable Phillip HAMMOND MP, Norman BAKER MP, Mike PENNING MP, Theresa VILLIERS MP and Tim LOUGHTON MP: “I am writing to you as I understand that the British Parking Association (BPA) is lobbying the Government for a change in the Law. That allows them to use ANPR to pursue registered keepers of vehicles for civil parking penalties. The BPA has set up an Approved Operators Scheme with the DVLA that allows its members electronic access to DVLA keeper data. Once the BPA member has the keeper information they then issue a notice to the registered keeper advising them of the alleged offence and the level of 'fine' that they have to pay. The issue here is that, under current law, if this was contested and taken to the County Court, it would not be enforceable as whilst the ANPR system could provide evidence of the vehicle involved in the alleged offence, it could not be proved who was driving the vehicle at that particular time. Currently BPA members rely on percentages, knowing that a certain number will pay up without question and that a further proportion will pay up when they receive 'reminder letters'. The rest are not pursued on basis of cost and the fact that, legally, many drivers know the notices are not enforceable. There is already a grave precedent set in respect of innocence and guilt with the existing law and it would be the start of a very slippery slope to allow a special interest group, solely motivated by profit, to successfully lobby for such a further change to take place. I therefore urge the Coalition Government to reject the lobbying of the BPA. If the BPA is to use ANPR they cannot look at cheap fixes. They have to prove who the offender is. If this means that their members have to take additional costly measurers, manned patrols, cctv, etc. so be it. But this Government cannot allow further erosion of the basic principles of British Justice.” Your comments would be appreciated.

Asked on 28 November 2011 by BH, Shoreham by Sea

Answered by Honest John
I agree that what the BPA proposes is outrageous. There was a similar submission to government recently by the Insurers Brokers Association about insurance increases, blaming everything apart from their two relatively new nice little earners that are spurious injury claims and 'accident management' credit hire. Makes me wonder quite how stupid government is. Or how involved government is in these nasty, but legal, businesses. Our legal adviser had a very good idea: “The only way to deal with the private parking companies is to make them pay £10 for each access to the DVLA vehicle register and use the revenue raised to pay for an independent but legally-binding appeals process along the lines of PATAS whereby the frivolous challenger also gets hit for a much higher fee if they lose. Standard parking charge to parking co of £40. Free right of innocent to challenge but with £140 payable if tribunal finds it is a frivolous challenge divided £90 to parking co/landowner and £50 tribunal costs. Entire process needs to be on paper - ie no hearing and any appeal against tribunal finding needs to be cost-prohibitive - around £300.”
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