( AAETM

Members are reminded that this do@ment may cor{ain sensitive intormation 8nd theretore should be treated as confidential and not sharedor discussdd with colleagues oulsile of the Board. These documents are seni to you in your role as a Representalive of the British parkingAssoclation and not as a representative of your employ{ng organisalion. They should not, therefore. be subliect to FOI requests.

Meeting AOS Board Action PointsDate 30'January 2014

-

fime 10.30 - 4.00Location InstitutionotHighwa@

London, Nl 7JE DChair/Facilitator: Philip HammerMinute Taker: Vicky HarrisAttendees: David Blake (DB), Gary Osner@

9rahame_Rose (GR), Heten Dotphin (HD), Jo AbbottiJA),M.ichelle Banks (MB), Nicota Muilany (NM), paut Necus (ijtrt1,Philip Hammer (PH), Simon Renshaw Smith (SRS), SpencerP_almer (SP), Patrick Troy (pT) (left after item 3), Steve Clark(SRC), Jane Hack (JH). Dave Smith rDS)

Apologies: Amanda Brandon, Christopher Sn@!r9zi91 Manny Rasores, Mike perkins (Mp), Roy Tunstall,John McArdle, Kelvin Reynolds

MINUTES

yyercome, Apotogtes at uectaratons of Conflicts of InterestPH welcomed all to the mconfirmed that NM would be joining the meeting for the pOpLA_relateditems. lt was noted that no DVLA iepresentative would be attending themeeting. Apologies were noted and there were no decrarations of interest.PH stated that Mike Perkins had provided comments by email in hisabsence.

1. Mafters Arising from previous minulEItem 2 Financial Report - The letter has been circulated as agreed.Item 4 Feedback from BPA Council - Arrangements are ongoing.Item 5 DVLA Update - Both action points completed.Item 6 ltems from Code Review Group - Amendments are beingdealt with. TSI feedback is still awaited.Item 9 PR Project - Feedback was collated and a revisedpresentation is on the agenda.BVRLA/BPA MoU - This is now active and has received broadlvpositive feedback.

2, Financial RgportSRC ran through the report and appeffiregarding membership fees has been taken into account, and offset byestimated leavers/new members. SRC agreed to circulate the reservefigures to the Board following the meeting.

SRC confirmed that NSI auditing of the BpA area manager audits willbegin nelt month.

Both recommendations were noted and agreed. There then followeddiscussions in relation to the IPC and the lA-S Board. GBr asked for it tobe noted that he finds the total per eppeal cost for pOpLA (which includes

sRc

membership fees) excessive.

3. Update on POPLA3.1 PH introduced NM to the Board. NM provided an update on progress so

far, and confirmed that selections/appointments have been made inrelation to the IAS Board. References are currently awaited. The first IASBoard meeting is scheduled for late February. NM indicated that shethought the budget for the Board might be insufficient to achieve all theexpectations placed on it and would keep the AOS Board informed.

3.2 SP provided an update in relation to POPLA. The backlog was cleared bythe end of November deadline and performance levels are beingmaintained. c20k appeals have been received so far, with an approximaterefusal rate of 560/o.

Some Board members expressed concern over the POPLA Christmasshutdown and its impact on costs and preparation of evidence packs.SRC will look at the figures offline.

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3.3 GPEOL

Some operators had requested clarification as to how POPLA is reachingits decisions concerning this mafter in light of County Court rulings. NMagreed for her Board to look at a number of the matters discussed. TheExecutive will therefore prepare a draft paper for her Board to consider.This will be circulated to the Board offline for comment before submission.

SRS stated that no reply has been received from POPLA in relation to aIetter sent late last year. SP agreed to look at this and chase for aresponse.

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SP

3.3 lndependent Redress rn Nofthem lreland

The report was noted, as were MPls comments. The recommendationswere all noted and agreed, and Nl Ministers will be advised accordingly. PT

3.4 Transparency

The Board was recommended to support publication of operator statisticsin the POPLA Annual report and to agree to operators supplying numbersof PCNs issued to contextualise statistics. MP's comments were noted.Both recommendations were rejected by vote. SP pointed out that as itwas the Adjudicator's report he would reserye his right to publish as hesaw fit. lt was agreed to communicate the Board's decision to pOpLA.

GAO and GBr agreed to assist SRC collate figures in relation to pCNlevels.

GAO/GBr/sRc

4. PR & Public Affairs UpdateDS was joined by Laura Moss and Mark Frazer of the PR Office io providea revised presentation and shategy update following feedback obtainedafter the last AOS Board meeting. The presentation will be circulated toBoard members offline.

DS

Members are reminded lhat this document may contain sensltive information and therefore should be treated as contidential and not sharedor discussed ttith colleagues outslde ot the Board. These documer s are sent lo you in you role as a Repreaentative of the Brnish parkingAssociation ard not as a represenlative ot your employlng organisation. -They should not, therefore, be subjecl to FOI requests.

( Post meeting note: circulated to Board members to seek comments pior toproceeding.

5. QILA UpdateNo update had been provided by DVLA.

An operational meeting was held in October. The first draft of theMemorandum of Understanding in relation to transfer of data, sanctionpoints and other matters, has been produced. No response has as yetbeen received to the BPA's question in relation of ATA probationary status.

JH confirmed that some issues have already been dealt with, but that theDVLA have been reminded that there are some still awaiting response.

JA provided a brief update in relation to the Consumer Forum.

6. Governance UpdateMP's comments were noted. JH stated that the aim had been t,o look atways of representing all sectors within the Board structures and to widenengagement. Both recommendations were agreed.

7. ASAP Report and RecommendationsSRC ran through the proposed amendments whiCtr tne BoarO was beingasked to approve. The following points were raised:

Clause 18.2 - in the new section from Appendix B, the first sentenceshould read "There may be reasons why this is impractical, for example:..."

Clause 22.3 - should be further amended to read "...you should makeavailable any photographic evidence..."

GR's comments with regard to clauses 18.2 and 22.12 were noted andaccepted.

The recommendation was agreed.

8. Status ReportThere were no comments.

9. Any qther BusinessJH reminded the Board regarding the call for nominations for the Council ofReDresentatives.

GAO queried the situation in relation to advising operators when sanction pointshave expired. SRC confirmed this is in progress.

GBr asked that it be noted that he did not think the marketing proposal had beenapproved in the corect fashion. SRC will respond offline.

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10. Next MeetingThursday, 10'April 2014 - lHT, London

Members are reminded lhal lhig document may contain sensitive information and therefore should be treated as confidential and not sharedor dBctrssed wilh colleagues outside of the Board. These documenis are sent to you in your role as a Representative of the British parking

Association and not as a representative of your employlng organisation. They should not, therefore, be subiect to FOI requests,

( Etr/ETM

AGENDA

Meetinq AOS Board MeetinqDate 10' ADril 2014Time 10.30 - 4.00 - Lunch will be servedLocation lnstitute of Highways and TransportationHyperlink to venuelocation map

http;//www. ciht. orq. uk/en/about-usif ind-us. cfm

Chair/Facilitator: Philip Hammer (PH)Minute Taker/Timekeeper: Vickv Hanis (VH)Apologles:

Confirmed Attendees Firick Troy (PT), Steve Clark (SRC), Jane Hack (JH), Spencer Palmer(SP), Kelvin Revnolds (KR), Rob Toft - DVLA Observer (RT)'

10.30 Apologies for Absence and Declarations of Interest PH

10.40 Matters Arising from Mlnutes of Last Meeting. Uodate on BPA,/ BVRLA MOU. Transparency - Operator Statistics within POPLA Report. Status Update on 'Know Your Rights' Campaign. Expiry of Sanction Points

1. PHSRC/AB

sRcKR

SRC

10.45 2. Financlal Report. Key variances to Period 1 1 Accounts for the AOS and the IAS. AOS and IAS Fees 2014l15

SRCsRc

11.00 3. Update on POPLA. Update from Spencer Palmer of POPLA. Verbal report from ISB meeting. Report from ISB meeting re quality. ISB and opinion on GPEOL from a High Court Judge

SPPTPTPT

12.30 Lunch

13.00 4 POPLA Procurement Plan sRct3.30 5. DVLA Update

o Verbal uodate on DVlA+elated matterso Verbal update on recent Operational Meeting with DVLA

RTSRC

14.10 6. Feedback from BPA Council and Governance Update. Governance Update JH

14.30 7. Items from Code Review Group for AOS Board Approvalo ltems for decisiono Revised Sanctions Document

sRcsRc

15.10 8. Status Report. AOS Status Report. (Questions for SRC about the Slatus Repol should be nofif,ed to

him in advance)

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1AOS Board 201Agenda - '10'' April Page 1 of 2

15.30 9. Any Other Businesso ltems for AOB that require a detailed response should be

communicated ahead of the meeting please

PH

(

16.00 Date of Next Meeting & CloseThursday 17ol July 2014Venue - Institute of Highways and Transportation

PH

Attendance at Board MeeilngsA minimum attendance of 75% is required of Board M€mbers to ensure that best practice in Board governance is reachedand maintained. Those m€mbers that fail to attend three consecutive meetings of the Board or who do not achieve at least50% attendance in a rolling year, without showing good cause, ( e.g. a long term illness, etc), may be automatically removedfrom the Board and will not be eligible to stand for ra-€lectjon for one year.

Msmb€rs ars reminded that the attached documenl(s) may contain aonsltlve Informatlon and therofot€ should bet€ated as confldenlial and not sharcd or dlscussed with colleagues outSide of tho Board. Theso papers aae sent toyou In your role as a Representative of tho British Parklng Associaiion and not aB a rcprcsentatlve of youromploylng organlsatlon. They should not, therefore, be subloct to FOI rsquests.

AOS Board Agenda - 10r1 April 2014 Page 2 ol2

H-T-

,1 \zI

t-o / tf

EIM

MINUTESAction

1 bMeeting AOS Board Action Points ttDate 10'April 2014Time '10.30 - 4.00Location lnstitution of Highways & Transportation, 1 19 Britannia Walk,

London, Nl 7JE DChair/Facilitator: Philip HammerMinute Taker: VlqKy HarrisAttendees: Amanda Brandon (AB), Gary Osner (GAO), Gary Brierley

(GBr), Graham Brown (GB), Grahame Rose (GR)., Jo Abbott(JA), John McArdle (JMcA), Michelle Banks (MB), paut Necus(PN), Philip Hammer (PH), Simon Renshaw-Smith (SRS),Spencer Palmer - POPLA (SP - left after item 3), Rob Toft -DVLA (RT), Patrick Troy (PT), Kelvin Reynolds (KR), SteveClark (SRC), Jane Hack (JH)

Apologies: Helen Crozier, Mike PerkinsAbsent: Christopher Snelling, Helen Dolphin, Roy Tunstall

Welcome, Apotogies & Dectarationj of ConflGE oiGGiEstPH noted the apologies that hao oeen i@RT from DVLA was introduced as an observer.

There were no Conflicts of lnterest declared

1. Matters Arising from previous minutesSRC informed the meeting that he hadinformation on AOS/IAS reserves.

supplied the requested

SRC and SP confirmed that discussions had taken place regaiding theChristmas closure of POpLA.SRS confirmed that he has now received a response from pOpLA to hisletter.PT confirmed that he had reported back the Board's decision to NlMinisters. He also noted that there is a consultation on continuing withclamping in Nl - Board members can feed into this if thev wisn.SRC/GAO/GBr reported that obtaining the data required would need tobe mandated from the membership and that there would be resistance tothis.KR explained that responses from AOS Board membeis receivedfollowing the last Board meeting had indicated that officers shouldproceed with the PR Campaign. He referred to a section within the StatusKepon and committed to provide a further update with the meeting notesSRC _explained that operators will now receive confirmation when anySanction Points that have been awarded, expire.SRC confirmed that the Lead Adjudicator had indicated that he intendedto include operator statistics in the pOpLA Annual Report.

ALL

KR

2. Financial ReportThere

-was a discussion regardin

are sufficient to meet needs. pH suggested that this matter could be intruded inthe agenda for the next meeting as it required further consideration anddebatq.Approved Operators should be canvassed bv email to determine the SRC/KRMembers are reminded that this document m"y *n

or discussed with colleagues outslle ot the Boird. These documeni aie ienl io you in you, ,ote as a nepreseniative 6iii"-enrirn r"rr,ingAssociation and not as a representative ot yolr employing organisation. They should not, therefore, be subject to Fol requests, .

appetite for such a service with reference back to the earlier Report to AOSBoard for information and options.

No further issues were raised.\

3. Update on POPLA3.1 SP provided a verbat update. Just over 23k appeals have been received in the

last year. The backlog was cleared some time ago and remains clear bymatching resources to demands. Richard Reeve and Michael Greensladeattended the recent workshoos - feedback is welcome.

GR raised an issue in relation to operators being charged if an appeal iswithdrawn and felt that the charge should be reduced in such circumstances. PHasked SRC to consider this issue and bring a paper to the July meeting fordiscussion.

SRC is du6 to aftend POPLA for a meeting on 25m April.

GBr had been asked by other operators to bring their comments/questions to theBoard:

. Who can make an appeal? -This is addressed later in the agenda.. Reduction of charges even when the operator has won the appeal - SRCstated that this referred to a one-off case which will be covered at themeeting on 25 April.

. Re-hearing of cases on request by the motorist - SRC requested specificdetails and he will look into this.

. Can someone appeal once they have paid? - The operator must informPOPLA within 5 working days and the appeat is then automatically. withdrawn

GAO raised the issue of potential data protection issues due to lack of encryptionfacilities for electronic evidence packs. This issue will be raised again it themeeting with POPLA.

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GBr/SRC

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3.2 PT reported on the Independent Scrutiny Board meeting freld on 2g FebruarlrNick Randle (Director) is drafting ToR for the lSB, and MoU between the BpAand lSB. The ISB is looking into establishing the Board as a legal entity. The ISBhas expressed concems about its budget. Members of the public havesubmitted queries/issues to the lSB, and pT reported that he had urged the ISBto refer mafters not in their jurisdiction to the AOS Board.

3.3 The report from the ISB concerning equality with regards to disabled parking wasconsidered. lt was agreed that SRC would take the mafter to ASAP and thenbring a paper to the July AOS Board meeting for discussion.

sRc

3.4 Proposal from lsB re GPE9L - This issue nao u@ISB meeting, whose recommendation is as ouflined in the report. However, KRbriefed the Board on his recent discussions with BIS and TSI on the subject ofGPEOL, and that TSI have been commissioned by Government to look at ihis asa policy issue and will cover the wlrole range of charging models including so-called 'tariff charging rules. This work is to be overseen by the ConsumerProtection Partnership. As such, BIS and TSI advice is to wait until draftguidance has been produced in late spring/early summer, at which point they willseek stakeholder engagement and review. In any event the Courts and the LeadAdjudicator would only be required to consider the guidance but not be bound bvit, and would continue to judge each case on its own merit.

The recommendations shown in the repgrt were therefore reiected. KRMembers are reminded that this document may contain sensllive information and therefore should be treated as confidential and not sharedor discussed with colleagues outsftte ot the Board. These documents are sent to you In your role a$ a Representative oI the Bntish parkinqAssociation ard not as a representative ofyour employing organisatlon. They should not, OErefore, be subject lo FOlrequests.

( There was lengthy discussion and debate conceming the best way to collate andconvey the necessary information on behalf of operators. lt was agreed that (i) aworking group should be established to research fee structures in the sector, (ii)the resulting information to be reviewed by BPA's lawyers before submission toTSI.

A further action was agreed, that the BPA executive should write to POPLA inthe interim to convey operator members' concerns in relation to GPEOL.Operator Board members to pass their concerns on to BPA secretariat to informcorrespondence with POPLA.

Funding for this work is to come from AOS reserves (€15k). lt was agreed thatthe AOS Board.should refer its decision not to support the ISB's recommendationin relation to GPEOL to the ISB in view of emerging policy by government.

SRC/GBr/GR/GAO

SRC

PT

4. POPLA Procurement PlanKR outlined the Govemmenfs consultation on implementation of a EuropeanConsumer Rights Directive in relation to ADR, which must be in place by June2015. The criteria for ADR accreditation is due to be published shortly.Legislation is also due to be brought into efiect. from April 2016 to consolidatevarious consumer rights Acts. The PaPA team is putting together responses toboth consultations. These developments will potentially impact upon the re-tender process.

Details of the plan were'discussed and agreed, although it was decided that theplanned Project Group should be smaller in number (3 AOS Board members,including a BPA Council member - this would be put to the CoR for expressionsof interest). MB is happy to be the landowner representative. The consumerrepresentative vacancy will be taken offline. A further recommendation wasmade that consideration should be given to the forthcoming ADR legislationwhen carrying out the re-tender process.

JH/SRG

5. DVLA UpdateRT gave a verbal report on developments at the DVLA and reported that a newChief Executive, Oliver Morley, is in place. PT and KR are due to meet with himand Hugh Evans on 6 May. The new 3 year strategy has been launched anddigital transformation is underway with the impending abolition of paper tax discsand counterpart driving licences. Hugh Evans has written to Consumer Forummembers regarding representation at the meetings. Efforts are being made toencourage motorists to refer to the DVLA website for answers to questions inrelation to data protection issues etc.

ATAS are being contacted in relation to providing information on request to assistwith raising of standards. Work is being carried out on suggested wording forinclusion on PCNs conceming their legal standing - DVLA is asking for ATA andoperator comments and will circulate the proposed wording for consideration -this will be discussed offline.

RT/SRC

6. Feedback from BPA Council and Governance UpdateJH reported that the election process is almost complete. A call for nominationsis being made for the Chair of the BPA Board and subsequently Chairs of theother Boards as detailed in the new structure approved by Council. New ToRsand constitutions are being drafted. Members of all current Boards are to standdown. The final meetings as per the currenl structure will ,take place in thesummer, with the new structure in place from the autumn. lt is hoped that therewill be full constitution by the date of the AGM. lt was agreed that a good job hasbeen done so far bv JH.

Members are reminded that this document may contain sensitive information and therefore should be lreated as confidential and not tharedor discussed with colleagues outside of the Board. These documents are sent to you in your role as a Representative of the British Parking

Assoctation and nol as a representative of your employing organisation. They should not, therefore. be subject lo FOI requ€sts.

7. Items from Code Review Group for AOS Board ApprovalThe report detailed the changes approved by ASAP. GBr queried whether, atitem 1.2 (clause 19.5), GPEOL is the correct terminology. SRC will take thisback to ASAP in June to discuss. All other changes were approved.

There was a discussion concerning the narrative in the Sanctions documentfollowing a point raised by RT. RT will write to SRC and the matter will be takenback to ASAP in June. The recommendations were therefore agreed subject tothe narrative being discussed further.

5

SRC

RT/SRC

8. Status ReportThere were no comments.

9. Anv Other BusinessSRS raised an issue in relation to untaxed vehicles and whether he couldissue tickets to them. SRC stated that you can issue one for a breach of atenancy agreement if that agreement contains a provision relating to taxdiscs. RT advised that Tax Discs will be phased out from October 2014.

GRyGBT raised the' issue of 'assisted appeals', circumstances wheresomeone lvho is not the driver or keeper assists someone who is inmaking an appeal. This was discussed at great length and concluded thatpeople have a right to be represented in such circumstances as occurs inother judicial proceedings..

t0. Next Meetinq

17' Julv 2014, 10.30am - lHT, London

Members are reminded lhat this document may contain sensitive information and theretore should be treated as confidential and not sharedor dlscussed with colleagues oulside ot the Board. These documents are sent to you in your role as a Representative of the British Parking

Association ard not as a reprBentative of your employing organisation. They should not, therefore, be subjec{ lo FOI requests.

PR { I Publicity Campaign: Know Your Rights - Update for AOS BoardFollowing a meeting with the PR Office on 2 April to discuss suggested activity for 2014/2015, it has been agreedthat the campaign will focus solely on the Know Your Rights (KNY) campaign in financial year 2014/2015. Thisproposal was confirmed at the AOS Board meeting on 10'h April. The Board had previously signified their intentionfor the BPA to proceed with delivering the campaign following an online survey of Board members.

Campaign objectives

. Establish AOS members as trusted ooerators

. Raise the profile ofthe AOS including POPLA

. Position the BPA as the leading Accredited Trade Association for the parking industry

. Increase awareness and visibility ofAOS members amongst key target audiences - media,Parliamentarians and other local Dartners

. Educate target audiences on their rights in relation to parking and how/ why parking is managed'. Align the campaign with the emergin e7OL4/t5 BPA Master Plans, and the BPA'5 proposals to enhance the

activities of the Parking Forum and an increase in political engagement and awareness of how and whyparking is managed.

Key elements of the campaign

Website

The BPA will use its existing web platform to host a dedicated online campaign site which will carry specificbranding related to the campaign. The PR Office will advise on positioning, key messages, userjourney andcontent and with the BPA to gain third party endorsement from an established partner such as Which? that willadd credibility to the campaign

Research

The PR Office will organise an omnibus survey to be conducted using a research agency to investigate whatpeople think their parking rights are and what they find most confusing / frustrating. Questions will be designedto be PR-focused / media-friendly. To supplementthe omnibus research, the PR Office will undertake deskresearch looking at facts and figures that are currently in the public domain highlighting the issues that arise from

consumers not knowing their parking rlghts;

Media and public affairs engagement

. Press releases

. Photo calls arranged with AOS members, others and local MPs

. Creation and delivery of template packs for MPs and their staff to use as a resource in their offices and attheir surgeries when constituents raise parking concerns

. Publicity at the BPA's President's Reception (Wednesday 02 July 20L4 4-6pml

. The BPA'S Parking Forums on tour in the devolved administrations for legislators to collect theinformation packs and be seen to be fighting for motorists' rights

. Focus on Know Your Rights at the Party Conferences attended by the BPA in the Autumno Engaging relevant stakeholders to get the KYR information placed onto the gov.uk website in the 'Blue

badge, parking, localtraveland the environment' sectio

A workshop to develop key messages will take place in early May and the launch is expected to be at parkex onloth June with further publicity at the Presidents' Reception on 2"d July.

AOS Board Aqenda ltem 210' April 2014 AOS & IAS Financial Reoort

Etr/EIM

SUMMARY

This report sets out the current Budget and Financial position of the AOS and the IAS at Period 1 1 ,and explains significant variances. lt also confirms the BPA Council decision regarding AOS andIAS fees for 2014/15.

RECOMMENDATION

(D The Board records and notes the comments on the Budget performance of the AOS and IASat the end of Period 1 1.

(iD The Board notes the decision of the BPA Council with regard to AOS and IAS fees for20't4t15.

Budget & Finance

Appendix (A) to this Report shows the current budget and financial position for the AOS andAppendix (B) shows the position on the Independent Appeals Service to Period 11 (February 20142013).

AOS Financial Position to Period 1l - Explanation of Key Variances

AOS Membership Fees are broadly in line with expectation while AOS Audit Fee income is showinga healthy excess. This is due to more new members joining the AOS than anticipated.

Legal costs are well below anticipated spend but we are aware of some invoices to come throughwhich will change this position. There has been no requirement to engage consultants this year soto offset some overspends on other lines we have made a saving in this area.

At the end of the year, spend on AOS PR will be f26,000 against a budget of €36,000.

The Compliance Audit Costs are ahead of Budget due to the AM's taking over from NSI later thananticipated. The AM's are now conducting all AOS External Audits. AOS Recruitment Costs areoverspent as we did not anticipate having to replace the Investigations Co-Ordinator when shemoved over to the POPLA Liaison Officer role.

Paoe I of 2

Report to:

Title

Author

Director

Date of Meeting

AOS Board

AOS and IAS Financial Report

Lesley Bradford & Steve Clark

Chief Operating Officer

1oth April 2014

AOS Board Agenda ltem 210'April 2014 AOS & IAS Financial Reoort

Independent Appeals service Financial Position to period 9 - Explanation of Key variances

AoS per Appeal Income is ahead of budget due to more appeals being registered than anticipated.The current run rate would see 26,500 appeals annually which equates to around 1.1s% of thenumber of tickets which we estimate are issued.

Legal Fees are higher due to the negotiation regarding the popLA conhact being morecomplicated and protracted than expected. The Contract is now signed. This has been offset withno expendilure on Consultants during the year.

The IAS Operational Fees are ahead of Budget due to the requirement for more assessors rohandle the higher number of appeals. The IAS Independent Board (now called IndependentScrutiny Panel) costs will be on budget at the end of the year.

BPA Council Decision on AOS & IAS Fees for 2Oi4l1S

At their meeting in March, BPA council supported the Aos Board proposal that Aos and IAS feesshould remain unchanged for 2014115.

FINANCIAL IMPLICATIONS

NONE

RESOURCES IMPLICATIONS

NONE

EQUALITIES IMPLICATIONS

NONE

BUSINESS PLAN IMPLICATIONS

NONE

Lesley BradfordHead of Finance

Steve ClarkHead of Operational Ser.vices

Page 2 ot 2

Period 11British Parkins Association Budoet Repo6 2013114

3ubHeadlng Budgot Month ActualMonth BudgstyIO

3RC

€83.33 f148.78f0.00 t0.00

Budget Hsad

AOS

lncome

Actqal YTDFull Y.arEudget

'10600 AOS Menbershtp10601 AOS [,lemb Joining F6e30603 AOS Audlt Fe€ Incone30004 AOS Salarios Rscha.geTolal

EroendliuJe

,10599 AO9 8ad O6bts40600 AO$Me*€rhg40601 AOS- StEffCosb!tO602 AOS-NIC40603 Aos-Ponsion40604 AOSStaff E)eens€s40605 AOS- L€gal Costs,f0606 AOS- BPA t anagsment Fee40607 AOS- Code ot Practice40608 AOS -PR40609 AOS Aoard Me.Ung Co6b40610 AOS- AM Vehldo Costs40612 AOg Conoultancy Fees40613 AOS- Compllanca Audit4061 4 AOgSl,Btr CPD40615 AOS- Poet & Sblionery,106t6 AOS.Audit Fo€s40618 AOS Moblls Phones40619 AOS- Recruihent CostsTotal

Toialfor Cod€ E12

Er2A AOg Capllal Dspn

Exo€nditu,c,1061I AOS Dabba6€ Development40617 AOS. Rca€er.flTotal

€26,200.00 !7,378.63 f37t,544.00 E3u7,437.45 t373,044.00€1,000.00 €1,500.00 t11,000.00 e13,000.00 f12.000.00t7,279.75 84,e4o.40 E&,tr725 €95,558.30 t87,3tt7.0011,055.58 €1,055.5E f11,611.38 t11,611.38 er2,667.00

83s,53s.33 814,n4.61 t474,232,63 24A7,@7.13 f485,068.00

e0.00 m.00 €0.00 t0.00 $,730.@t0.00 !0.00 t8,000.00 $,792.61 €10,(m.OO

E17,327.33 t17,761.54 e190,600.6i] C188,547.99 E207.g2a.OO€1,906.00 €1,€S8.73 €20,966.00 E18,725.77 F22,872.N2807.75 2517.13 €8,885.25 €4,851.fi) €9.693.00E&.67 f,i196.17 €5,133.37 €4,590.00 e5.600.00

€o.(rc €1,780.17 f8,500.00 Q1,312-U t10,000.0018,877.92 €8,877.92 E97,657.12 f97,657.12 t106,535.00

80.00 fr,610.00 [6,000.00 fs,422-39 t6,000.00e3,000.00 t4,000.00 t33,000.00 !16,623.33 e36,000.00€800.00 €104.80 t3,200.00 €2.250.60 $,200.001583.33 E6/.1.17 t6,416.63 e5,633.61 f/,000.00

f3,000.00 c0.00 €10,000.00 f.950.00 €10.000,0080.00 €€39.15 f31,425.00 865,601.15 !3r,425.00

€145.83 10.00 €1,6(X.13 e760.44 rr,750.00t916.63 €5,tS.30 e1,000.00

10.00 €1.200.00 c1.200.00€50.00 €20.00 e550.00 8328.51 €600.00[0.00 €1,600.00 €1,200.00 e3,455.00 rt.2m.oo

!37,048.16 t40,095.56 t434,O54.76 t422,263.6 €475.73.00

-tr,512.8tt -t25.320.95 t40,177.87 €65.343.47 €9,335.00

3RC

[600.00

8166.67

1635.44

f143.96

€6,600.00

!1,833.37

t6,9'J2.O2

f1,58:).53

87,m,@12,000.00

t766.67 €8,433.37 f8,575-55 e9,200.00

total for Cod6 -r/79.60 -i8,433.37 -e8,575-55 -€9,200.00

Code Budg8l Hoad Budg8t onth Actual llonth gudgotYTD Ac{ual YTDFull YoarBudgst

RIPORT TOTAL -t2.279.s0 -t26,100.55 !31.744.50 156.767.92 €135,00

SubHoading

British Parkinq Association Budqet Report 20,13114

SubHoldlng Budget Honth Aclualllonih BudgotyTO

sRc

10620 IAS Joining Foo10621 IAS Annusl Mdnbership Fe€30620 IAS P€r Appeal Fe€Total

Exoendilure,0620 IAS- Coneuttiancy Fe€s4062'l IAS LegalFees40622 IAS Salad6s Reds€e,10623 IAS- Stafi T6vd & E,eenss40624 lA$ t,leodngs40626 IAS- Siafi Cosb{}627 IAS Op€rational F€640628 IAS€PA managerneni Fee40629 IAS Worlshops40630 IAS R€payment of BPA Loan40631 IAS Indepcndant BoardTotal

Period 11

Code Budgst Hsad Actu.l YTDFUU YosrBudgct

El3 IA$POPLA

Inc4me

e333.33 t175.qr €3,666.63 812,3?2..W f4,000.00e4,500.00 -e11,052.91 t285,000.00 €286,400.63 €2S5.OOO.OO

€36,333.3:) e59,630.00 €399,666.63 €604,965.36 f436,0@.OO

!0.00 t0.00 €8,000.00 fo.oo t8,000.00€2,000.00 t1,900.00 €5,000.00 t7,w7.20 f,s.OO0.OO€1,055.5E . 11.05s.58 9fi,611.38 e11.6,11.38 e12.657.00908.33 €103.50 €2,29r.63 81,232.42 €2.500.00

80.00 €0.00 9750.00 e669.90 f1,000.00€1,916.67 f2,039.00 t21,0E3.37 €18,0S1.91 €23.000.00

€49,630.58 €92,EE0.82 f545,S36.38 f7,f5,100.20 8595,567.0081,333.33 C1,333.33 €14,666.63 fl,t,666.63 €16.0q).00

q0.00 e1}.00 t1,500.00 t0.00 t1,500.00e2,333.33 €2,333.33 €25,666.63 €25,666.63 f28,mO.OO€5,000.00 f3,765.10 €25,000.00 116591.45 $0,000.00

€63,477.82 f105,410.66 €661,506.02 t8/1,627.72 tT23,234.00

Total fot Codo E13 -222,311.16 -!56.658.57 126.U7.24 f62.060.27 €1,766.00

REPORT TOTAL -822,311.16 -f56,658.57 t26,827.24 !62,060.27 f1.766.00

AOS Board Aqenda ltem 310'" April 2014 ISB - Eoualitv

Etr/ETM

SUMMARY

This report outlines the point discussed at the ISB meeting in relation to equality.

RECOMMENDATIONS:

I recommend the Board to:

Consider the contents of this report.

The Independent Scrutiny Board considered a complaint by a member of the public whichsuggested that motorists with disabilities had certain rights under equality legislation which shouldbe enforced by POPLA . The board's response to this issue was as follows:-

"The board is of the view that the Equalv Act lmposes on the car pafu operctor a requirement tomake reasonable adjustments to meet the needs of a disabled person. lt does not specify thoseadjustments and ceftainly does not require parking to be free. The actual adiustment required byeach disabled person is viftuatty unique to that person. Only the civil courts can decide whether theadjustment made, if any, is adequate. There is probably no case law to say what is a reasonableadjustment in the case of parking, which is difficult because the operator may never have anycontact with the disabled person that is his customer.

The comptaint that demanding the disptay of a blue badge is unfair does have some merit. Badgesare onty issued to those people who meet the citeia set down by the Depaftment for Transpott (orother itatutory bodies outside Engtand). Those criteria are different to the definition of a disabledperson in the Equality Act. lt is, therefore, poss,b/e to be a disabled person for the puryoses of fheEquatity Act, have a need for a reasonable adiustment under that Act, but not have a blue badge.

The board however feels that the POPLA appeals process exists sorery to detemine whether theparking charge notice was conectly issued in all the circumstances. The question of not making the'reasoiable

idjustment required under the Equality Act is not within POPLA's remit. The Act makesctear that the course of action for a breach is for the disabted person to claim compensation throughthe County Court (or equivalent in other pafts of the uK). The boad feels that they can rcadily dothis by m;king a counter claim and defence when the opentor makes a claim for the parking chargein the same court.

Report to:

Tifle

Author

Date of Meeting

AOS Board

Discussion at ISB re Equality

Patrick Troy

10s April 2014

Page 1 of 2

AOS Board Agenda ltem 310'April 2014 ISB - Eoualitv

The Boad recognises that there will be circumstances where a disabled person found it impossibleto comply with the contractual tems. For example because Vhe could not operate the pay anddisplay equipment because it was out of his reach. We anticipate that in such an event POPLAwould take this into account."

The Scrutiny board resolved to refer this matter to the AOS board, rrvho might wish to review orupdate the code of practice in the light of issues raised and the Scrutiny board's view in response.

Patrick TroyChief Executive

Page 2 ot 2

AOS Board Aqenda ltem 310'" April 2014 ISB and GPEOL - Opinion from a Hiqh Court Judoe

Etr/EIMReport to: AOS BoardTitle Genuine Pre-estimate of Loss - proposal from the ISBAuthor Steve ClarkDirector Chief Operating OfficerDate of Meeting 10ft April 2014SUMMARY

This reports sets out the proposals made by the Independent Scrutiny Board (lSB) at their Februarymeeting following correspondence from AOS operators regarding GPEOL and outlines the points infavour/against supporting the proposals.

RECOMMENDATIONS:

I recommend the Board to:

1. Agree to support the proposal made by the ISB that 'opinion' should be sought from a retiredHigh Court Judge on the subject of Genuine Pre-estimate of Loss (GPEOL).

2 Propose to BPA Council that this is funded from AOS Reserves.3 Consider the additional proposal that an operator is released from the requirement to be boundby a POPLA decision on GPEOL and to challenge the case in the Court system.

1.

't.1

BACKGROUND

At their first meeting on 28 February, the lndependent Scrutiny Board (lSB) considered theissue of how parties to an appeBl decision might seek further redress where an importantlegal principle was at stake. This follows concerns about how POPLA Assessors areaccepting appeals from motorists on the basis that the parking charge amount does notreflect a Genuine Pre-estimate of Loss (GPEOL).

The ISB suggested a solution whereby a retired High Court judge gives an Opinion on theGPEOL issue. This needs to be funded by the BPA, so the AOS Board will need to approveuse of AOS reserves for this.

An alternative though not one emanating from the ISB but which has been suggested byPOPLA is for an operator to be released from the requirement to be bound by a POPLAdecision on GPEOL and to challenge the case in the court system. The downside here is

LZ

1.3

Page 1 of 3

2.

2.1

AOS Board Aqenda ltem 310'" April 2014 ISB and GPEOL - Opinion from a Hiqh Court Judqe

that the operator may win at County Court which would not set precedent and thereforewould not establish possible case law. lt has been suggested we could encourage a"campaigning" group to challenge the case through to the High Court but this has obviouslogistical problems including the time delay inherent in pursuing such cases to the HighCourt - usually at least a year.

ISSUES

The AOS Board should note that any Opinion sought from a retired High Court Judge mayresult in an outcome different to that arrived at by the Lead Adjudicator or may confirm it, thatthis Opinion would doubtless make its way into the public domain and that the industry mayhave to work within any constraints that the Opinion establishes.

The Board should note that the Adjudicator would not be "bound" by the Opinion but wouldconsider it in determining further cases.

Consideration needs to be given to who should seek the Opinion - the lSB, the BPA or theLead Adjudicator - in order to preserve the independence ofthe service.

In respect of the alternative suggestion referred to in the Background above, the Boardshould also be wary that any attempt to undermine the decision of the ISB will be damagingto that Board and the intention to make the IAS independent and seen to be independent.

The Lead Adjudicator informed AOS operators about Option (i) at the Workshops at thebeginning of March.

Some operators have suggested that the Lead Adjudicator should effectively 'set' areasonable amount for a parking charge or that POPLA should be asked to consider'part-payment' decisions, effectively requiring the motorist to pay a lesser amount than the actualcharge in certain circumstances. While either or both of these might be impossible orimpractical to introduce, they should form part of this debate.

The BPA has requested and is awaiting guidance from the Trading Standards Institute (TSl)on the matter of GPEOL. We are informed that TSI are working with the Department forBusiness on this guidance and that the initial draft should be completed by the summer withcompletion by the end of the year. The note made in 2.1 above applies here too.

The Board should note from the recent minutes of the DVLA Consumer Forum that theDVLA is working on establishing its position on GPEOL. Rob Toft from DVLA will beattending the meeting

FINANCIAL IMPLICATIONS

It is estimated that the preparation of papers and the provision of an opinion from a High CourtJudge would cost in the region of €10k. This could be covered from AOS reserves.

RESOURCES IMPLICATIONS

Some activity required in briefing the solicitors who we engage to prepare the papers.Paoe 2 ot 3

2.2

2.3

2.4

2.5

z.o

2.7

z-d

AOS Board Aqenda ltem 310'April 2014 ISB and GPEOL - Opinion from a Hioh Court Judqe

EQUALITIES IMPLICATIONS

NONE

BUSINESS PLAN IMPLICATIONS

NONE

Steve ClarkHead of Operational Services

Page 3 of 3

AOS Board Item 41 0'" April 2014 POPLA Procurement Plan

EAEIM

SUMMARY

This report sets out the proposed plan to procure a service to replace the POPLA service currentlysupplied by London Councils when the existing 3-year contract runs out on 30s September 201b.

RECOMMENDATIONS:

I recommend the Board to:

1. Consider the Plan and approve it so activity can commence.2 Support the establishment of the POPLA Procurement Project Group (PPPG) and appoint

AOS Board reoresentatives to it.3 Offer their views and opinions to the PPPG to assist them in determining the Tender

Documenl

1. BACKGROUND1.1 The current contract with London Councils comes to an end on 30h September 2015.

Appendix A to this report sets out the proposed plan to procure a replacement.

1 .2 The Plan is split into 5 Phases and will take 18 months to complete:Phase 1a: Appointment of the Procurement Partner who will have significant experience in

procurement and Alternative Dispute Resolution (ADR)

Phase 1b: Formulating the Tender Document - views will be sought from a number ofstakeholders and AOS Board members will be invited to be part of this process.

Phase 2: Assembling a list of potential bidders - some have already been identified.Phase 3: Advertising the TenderPhase 4: Reviewing the Tender submissions and determining the successful bidder. lt is

proposed that the Tender Reviewing Body will be made up from members ofthe PPPG.

Report to:

Title

Author

Date of Meeting

AOS Board

POPLA Procurement

Steve Clark

10b April 2014

Page 1 of 2

AOS Board Aqenda ltem 410o April 2014 POPLA Procurement Plan

Phase 5: lmplementation and Transition - lt is proposed that the successful bidder begiven 6 months before starting to register appeals to set up their processes andprotocols, and for operators to have time to revise their paperwork accordingly.

1.3 A number of key dates have been established where key decisions have to be made:. 30' September 2014 - Publish Tender Documento 31"' December 2014 - Deadline for Tender Submissions. l"tApril 2015 - Appoint the successful bidder. l"tOctober- Contract commences and first appeals are registered

1 .4 To manage this procurement process, it is proposed that a pOpLA procurement projectGroup (PPPG) be established. This Group would meet on a monthly basis probably inLondon and while attendance from the AOS Board delegates at every meeting would beencouraged, it would not be mandatory. The suggested make-up of the pppc is as follows;

. 5 BPA Ofiicers - including the Head of Finance for her QA experienceo 4 Members of the AOS Board - an Operator, a Consumer Representative, aLandowner Representative and a BpA Council Member.. Representatives from the Procurement Partner.

FINANCIAL IMPLICATIONS

The AOS Board will recall that it has already proposed that €2Ok from IAS reserves be madeavailable to engage the services of a partner with significant experience in procurement of such aservice, to assist the Project Group with the process. Assuming that the next contract will run for 5years, there would be a projected turnover of c.€Smillion over the period, this makes it the largestprocurement that the BPA has ever entered into on behalf of its members.

RESOURCES IMPLICATIONS

It is recognised that this procurement will take up a significant amount of BPA Management timeincluding but not restricted to the Head of Operational Services. The AOS Board will recall that theOperational Services Team has been restructured to appoint a POPLA Liaison Officer who will dealwith day{o-day POPLA matters

EQUALITIES IMPLICATIONS

NONE

BUSINESS PLAN IMPLICATIONS

NONE

Steve ClarkHead of Operational Services

Page 2 of 2

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AOS Board Aqenda ltem 81O April2O14 Status ReDort

Etr/ETM

Membership Numbers

At the time of writing this report there are 164 members of the scheme which is equates to adecrease of 6 (3.5%) when compared to the same period last year.

six members have left in the last 2 months of which two have gone over to the lpc. The lpcnow has 20 members.

Title AOS Board Status ReportAuthor Dave Metcalf - Operations ManagerDirector Chief Operating OfficerDate 31 March 2014This report provides an overview of the present activities of the BpA Staff Executive anodescribes the present status of current AOS Programmes and Initiatives. lt is for InformationOnlv.

Scheme Status Jan 201412013 Feb 2014 | 20'13 I'iar 20141 2013

No of Members 't70 I 169 167 I '169 164 t 170

No Members LeavingScheme

3t12 2t3

No new member Enouiries 63t-- 63/- oJ/--No of Investigation requests 193 I 260 121 I 189 140 I 133

No of enquiry requests 13 I-

No of Sanctions given

No of Suspended Sanctions

4116

0t010t6

0 t10

0/6

0/0

Notes to Statistics Table Comparison - year on year (where possible).

Unable to locate info -

Page I of 3

AOS Board Aqenda ltem I1O April2O14 Status Reoort

Investigation Requests

The number of requests received from motorists and other parties to investigate potentialnon compliance with the Code has decreased by 128 over the last quarter G22%). This ismainly due to taking a decision to separate out enquiries from investigations. lt was decidedto reply straight away (enquiry definition is anything that does not require an operatorcontact). The level of enquiries is high and we are looking at ways of dealing with thesemoving fonvard. lt is anticipated that the level of investigations will reduce further.

Sanctions Scheme

In the last quarter 14 sanction Points have been issued to AoS operators. currenfly thereare 22 operators with a total of 126 sanction points on their license and 3 operators with 16suspended sanction Points. In the last quarter contravention of code 6.6 monitoringcompliance (failure to comply with requests) has been a common cause of sanctions.

External Auditing

Since the beginning of 1st August 2013 when our Area Managers commenced auditing, 62audits have been completed. Three have been delayed / re-scheduled due to cancellations.Of the 62 completed, 42 have been resolved, with 20 still active, awaiting completion.We have had a checklist put onto CRM whereby we can extract statistics on the type ofissues that are highlighted Wthin the audits.

The NSI audit validation contract has started with auditing our head office function in March.We are still awaiting feedback on this at time of writing. They have also commencedvalidating Area Manager competence from February and will complete 27 (3 per AM)accompaniments during the first 12 months of the contract - this will reduce to two duringthe following years. NSI are supplying competency reports on area managers that havebeen assessed. At the time of writing we have received 4.

Signage Project

When publishing the revised Code of practice in October 2012, we made a commitment thatentrance signs would be installed at all locations where required within 3 years. AllowinEoperators so long to achieve this has not been well received and therefore we are undersome pressure to ensure that the October 1st 2015 deadline is achieved.

To date we have 23 operators that have confirmed the signage is already completed andprovided us with proof, with a further 30 having confirmed a schedule of works. We arecurrently waiting for updated schedule of works from operators and proof that signage isalready in place. We are also requesting a list of the sites operators manage for our records.We are engaging the Area managers in visiting sites to confirm signage is compliant.

Legislation changes

We continue to lobby for legislation to introduce Keeper Liability and an IndependentAppeals Service in Scotland and Northern lreland.

we are seeking clarification from both the oFT and the Trading standards Institute of whatshould be included in a Genuine Pre-estimate of Loss calculation/justification.

Page 2 of 3

AOS Board Aqenda ltem 810 April 2014 Status Reoort

POPLA - The lndependent Appeats Service

At the point of writing some 28782 appeals have been received by POpLA with 24499adjudications having been concluded and communicated to operators. Of these 46% havebeen found in favour of the motorist and 54o/o have been found in favour of the ooerator. Thishas been broadly the case for a number of months now and can be taken as indicative of thelong term proportionality of POPLA decisions.

Of most concern at the back end of last year was the delay in decisions being made byassessors - a plan to resolve this backlog was introduced along with a number of otherperformance improvement requirements. The plan was achieved and the backlog wasremoved on schedule. We continue to monitor POPLA closely and manage them robusfly.

The contract between the BPA and London Councils for the provision of POPLA ends on30h September 2015. A plan to procure a new service will be presented to the Meeting.

PR and Public Affairc campaign - Know Your Rights (lffR)

Following presentation of the initial proposal by representatives from The pR Office andInsight PA at the AOS Board meeting on October 24b, a further meeting between BPA andPRO Office/lnsight took place to review feedback and revise the proposal. This revisedproposal, focusing on a new KYR website and Press and Parliamentary information packswas presented and discussed at the AOS Board meeting on January 30h. AOS Boardmembers were asked to comment on the proposal via an online survey, stating whether theyagreed to proceed with the proposal and formally inshuct the PR Office and Insight PA todeliver it. The majority were in favour and the decision was taken to proceed.

A kick off meeting between BPA Public Affairs team and PR Office/lnisght PA took place onApril 2" where campaign development was discussed. A status update, along with a set ofKPls based on the revised shategy, was due to be agreed as part ofthe Contract and will becirculated to Board members for final sign off at the Board meeting.

As part of the contract terms, the PR Office and Insight will continue to provide support to lhePolicy and Public Affairs Team on an ongoing basis, delivering both media and politicalintelligence and monitoring.

AOS Standards Advisory Panel (ASAP)

There was an ASAP Meeting in March. A separate report with the recommendations for theBoard to consider has been provided. The Sanctions document was also reviewed and therevised document will be presented to the Board for its approval.

Independent Parking Cbmmittee

The above organisation was granted probationary ATA status last year. So far they haveattracted 18 companies to join them.

5 :.-..;111 :, ..:&;{11;i$*ar$Sffi1.i.**i**#

Page 3 of 3