AOS UpdateA review of the changes

The Approved Operator Scheme

Protection of Freedoms Act and Parking on Private Land

Contents

• Background• Protection of Freedoms Act & Schedule 4• Independent Appeals Service• The role of the AOS• Code 2012 • Summary

Background

• 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

land

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

Summary

• 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 ?