tag:blogger.com,1999:blog-3993498847203183398.post779749577027070254..comments2024-03-28T09:19:27.451+00:00Comments on RevK<sup>®</sup>'s ramblings: OFCOM consultation on ADRRevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-3993498847203183398.post-57718866674677738092017-05-13T08:55:32.197+01:002017-05-13T08:55:32.197+01:00Sounds like we just need an ADR provider that is n...Sounds like we just need an ADR provider that is not incompetent or bent. Setting one up would be a very good idea, it would just need to be done by a friend who doesn't work for AA and perhaps is not married to RevK or anything like that. I don't think we have written off Chad H's idea. It could be someone with a published ethical statement.Cecil Wardhttps://www.blogger.com/profile/16477035597238561739noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-90570998377378556702017-05-12T16:20:05.710+01:002017-05-12T16:20:05.710+01:00Interesting!
My feeling is that Ofcom probably wo...Interesting!<br /><br />My feeling is that Ofcom probably wouldn't go with it, but always helpful if there's something comparable in case someone does want to try it :)Anonymoushttps://www.blogger.com/profile/18427000118752159232noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-59601847058031165902017-05-12T16:04:05.360+01:002017-05-12T16:04:05.360+01:00However, Independent Penalty Fares appeal bodies h...However, Independent Penalty Fares appeal bodies have a similar requirement, and yet SouthEastern gets to do its own<br /><br />SRA Penalty Fares policy, Para 4.40<br /><br />The Independent Penalty Fares Appeals Service (IPFAS)<br />4.39 Every penalty fares scheme which has so far been approved has arranged for appeals to be dealt with by the Independent Penalty Fares Appeals Service (IPFAS), in line with the IPFAS code of practice. We have approved this code of practice for the purposes of rule 9.<br />4.40 IPFAS is managed by Connex SouthEastern Ltd, but as a separate unit whose management does not report to the commercial director. When the Regulator asked for opinions from the public and the rail industry a few years ago, most people agreed that appeals must be dealt with independently and consistently, but there was little agreement on what the practical arrangements should be. Some people questioned the need to change what was already in place. Without a practical alternative offering any clear advantages, we believe that the current arrangements are satisfactory, as long as IPFAS:<br />• remains a separate unit, with its own accounts and a line management that does not report to the commercial director;<br />• continues to decide appeals in line with a set of specific criteria which we have approved;<br />• continues to be funded independently of the outcome of the appeals it processes, for example, by receiving a set fee for each appeal, no matter whether that appeal is accepted or turned down; and<br />• continues to receive enough funding to carry out its functions, while costs are fairly distributed between operators using the service. To make sure that this is the case, we have agreed the charging arrangements between IPFAS and the operators who use the service.<br />4.41 We recognise that there may come a time when operators may want to change these arrangements. However, existing penalty fares schemes will need to be changed to reflect the new arrangements. We will need to be sure that the new arrangements are in place and are satisfactory before we approve any changes.<br /><br />Could not a similar division/scheme be devised with OFCOM for ADR based on the Southeastern/SRA precedent and model?<br /><br />Chad Hhttps://www.blogger.com/profile/06466797076721870606noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-88466101269394579992017-05-12T15:03:40.141+01:002017-05-12T15:03:40.141+01:00AFAIK it can mean a heart fine from OFCOM for not ...AFAIK it can mean a heart fine from OFCOM for not adhering to GCs and ultimately withdrawal of implicit licence to operate a telecommunications system, making continuing to do so criminal.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-63878372314740798472017-05-12T15:02:05.923+01:002017-05-12T15:02:05.923+01:00Forgive my total ignorance. What happens if a CP s...Forgive my total ignorance. What happens if a CP simply declines to pay up when an unfair charge is imposed on them? (And says “see you in court”.) Just out of interest, as I have absolutely no idea how these things work.Cecil Wardhttps://www.blogger.com/profile/16477035597238561739noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-28119637618804118642017-05-11T08:49:12.920+01:002017-05-11T08:49:12.920+01:00Largely because the statutory framework would make...Largely because the statutory framework would make it basically impossible.<br /><br />Currently, it works like this:<br /><br /> - a provider has to be registered with an ADR provider approved by Ofcom: GC 14.5<br /> <br /> - ADR procedures have to be approved by Ofcom: s52(5)(b) Communications Act 2003<br /> <br /> - Ofcom is not permitted to approve an ADR procedure unless it is "satisfied that the arrangements under which the procedures have effect ... are administered by person who is for practical purposes independent (so far as decisions in relation to disputes are concerned) of both OFCOM and the communications providers to whom the arrangements apply" (s54(2)(a) CA 2003<br /> <br />A provider running an ADR scheme for their own complaints is unlikely to be consistent with this requirement of independence.Anonymoushttps://www.blogger.com/profile/18427000118752159232noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-82100785817593771112017-05-10T21:09:57.526+01:002017-05-10T21:09:57.526+01:00IF the Railway companies can own an independent Pe...IF the Railway companies can own an independent Penalty Fare ADR (IPFAS is owned by SouthEastern), why can't AAISP own it's own ADR?Chad Hhttps://www.blogger.com/profile/06466797076721870606noreply@blogger.com