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Published byBrady Sutor Modified over 9 years ago
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AOS Update A review of the changes The Approved Operator Scheme Protection of Freedoms Act and Parking on Private Land
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Contents Background Protection of Freedoms Act & Schedule 4 Independent Appeals Service The role of the AOS Code 2012 Summary
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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 17 th August 2010 ban on wheel clamping announced
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Any questions ?
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