Legal Code compliant Andrew Morgan, solicitor at SCS Law, looks at how to prepare for the new code expected as a result of the Parking (Code of Practice) Act 2019 he Parking (Code of Practice) Act 2019 (the Act) spearheaded by Sir Greg Knight MP received unanimous support on its journey through the Houses of Parliament, receiving Royal Assent on 15 March. The aim of the Act is to achieve best practice across the private parking industry. It was driven by the Parking Reform Tackling Unfair Practices discussion paper of March 2015, the contents of which were debated during the reading and committee stages. MPs complained of instances of poor and confusing signage, unreasonable terms and exorbitant fines, aggressive recovery methods and the lack of an independent appeals service. In conclusion, it was felt that the currently unregulated industry required a code. In my view and bearing in mind the requirements of the BPAs code of practice and its membership base the actions of a small minority have been taken to be indicative of the so-called problems with the industry as a whole. Nonetheless, such incidents are occurring. T Be prepared At the time of writing, no draft code has been made public, although it is understood that one has been prepared. In terms of achieving its aim namely, good practice I expect the Secretary of State will look for uniformity, such as standardised signage, grace periods and charge levels. A new regulatory body, paid for by parking companies, is a certainty and will operate the independent appeals service. Expect, also, a clampdown on aggressive debt-recovery practices. My advice is to get ahead of the curve by reviewing your practices now. I expect the code will be an enhanced version of the BPAs code of practice, so compliant parking companies are already in a good position. It is important that you engage with the consultation process, however, to have your say (it was notable that, of the responses to the March 2015 discussion paper, only 18 per cent came from parking companies). As with any new piece of law, it must be taken seriously. The potential sanctions for a breach include removal of access to the DVLA database, adverse costs orders in court proceedings and, seemingly, an unfettered power to remove accreditation. Compliance matters Make no mistake, the introduction of the code of practice is going to be a watershed moment for the industry and will involve an initial outlay. However, I expect it will bring uniformity to the industry and, with this, an increase in payments and a decrease in contested matters. Indeed, I would expect the judiciary to give little weight to technical arguments when it can be shown that there has been compliance with the code. The code should be viewed as an opportunity for the industry to move forward with a clear, undisputed vision of best practice. BPA Lawline will return next month. The introduction of the code of practice is going to be a watershed moment for the industry 28 britishparking.co.uk PN Sep19 pp28-29 Legal.indd 28 22/08/2019 11:56