The IAS fails ADR Reporting requirements – again

Last year, the Parking Prankster reported on the failure by the Independent International Parking Committee Community’s so-called “Independent Appeals Service” to abide by the requirements of The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

Given that the IAS is closely watched by people like Parking Prankster, the Online forums and ourselves, you would have thought that Will Hurley, the sole director of United Trade and industry Ltd, T/As the International Parking Community T/As the Independent Appeals Service would have ensured this year that the report was out on time, and actually complete when published.

Quoting the Parking Prankster:

Ongoing information obligations of an ADR entity

11(2) An ADR entity must, within a month of the first anniversary of the approval date and within a month of each subsequent anniversary, publish on its website a report (“an annual activity report”) relating to the preceding year which contains the information in Schedule 5.

SCHEDULE 5 Regulation 11(2)
Information to be included in an ADR entity’s annual activity report

a) the number of domestic disputes and cross-border disputes the ADR entity has received;
b) the types of complaints to which the domestic disputes and cross-border disputes relate;
c) a description of any systematic or significant problems that occur frequently and lead to disputes between consumers and traders of which the ADR entity has become aware due to its operations as an ADR entity;
d) any recommendations the ADR entity may have as to how the problems referred to in paragraph (c) could be avoided or resolved in future, in order to raise traders’ standards and to facilitate the exchange of information and best practices;
e) the number of disputes which the ADR entity has refused to deal with, and percentage share of the grounds set out in paragraph 13 of Schedule 3 on which the ADR entity has declined to consider such disputes;
f) the percentage of alternative dispute resolution procedures which were discontinued for operational reasons and, if known, the reasons for the discontinuation;
g) the average time taken to resolve domestic disputes and cross-border disputes;
h) the rate of compliance, if known, with the outcomes of the alternative dispute resolution procedures;
i) the co-operation, if any, of the ADR entity within any network of ADR entities which facilitates the resolution of cross-border disputes.

The annual report was due on the IAS website on 1st November 2017.  As of the 2nd November 2017, the report was not available on the IAS website. Indeed, it is not available even now as the website only has a link to the 2015/16 report, unless you know exactly where to look.

The IAS is therefore in breach of its statutory requirements for the second year running. Not the conduct you expect from a business run by a Solicitor. As a result PPA will be complaining of this second failure, to the Chartered Trading Standards Institute.

But even better – do take a close look at the report, and especially at Section G: The average time taken to resolve domestic disputes and cross-border disputes.

The average time taken to settle disputes during the relevant period was 22 days (says 18 in Biannual report – might be worth restating the reason for the difference? e.g. no limit on number of representations?

Oh dear, looks like someone forgot to proofread before sending out the report. We’d like to see that Bi-Annual report too…

However, given the remaining content of the statutory report, you Dear Reader will be unsurprised to discover that Private Parking Appeals does not accept that the International Parking Community operates a fair and transparent appeals process, and that while the IPC continues to refuse to engage with us to resolve our concerns, we are supporting the BPA in their lobbying of Government for there to be a single, demonstrably independent and transparent appeals service for all private parking companies.

 

Our thanks to the BMPA and Bargepole for their hard work and research on this matter.