PARLIAMENTARY DEBATE
Parking (Code of Practice) Bill (First sitting) - 19 July 2018 (Commons/Public Bill Committees)
Debate Detail
Chair(s) Mr Adrian Bailey
Members† Brennan, Kevin (Cardiff West) (Lab)
† Double, Steve (St Austell and Newquay) (Con)
† Doughty, Stephen (Cardiff South and Penarth) (Lab/Co-op)
Fovargue, Yvonne (Makerfield) (Lab)
† Goodwill, Mr Robert (Scarborough and Whitby) (Con)
† Hollinrake, Kevin (Thirsk and Malton) (Con)
† Hughes, Eddie (Walsall North) (Con)
Jones, Graham P. (Hyndburn) (Lab)
† Knight, Sir Greg (East Yorkshire) (Con)
Lefroy, Jeremy (Stafford) (Con)
Perkins, Toby (Chesterfield) (Lab)
Pound, Stephen (Ealing North) (Lab)
† Selous, Andrew (South West Bedfordshire) (Con)
† Sunak, Rishi (Parliamentary Under-Secretary of State for Housing, Communities and Local Government)
† Watling, Giles (Clacton) (Con)
Wishart, Pete (Perth and North Perthshire) (SNP)
† Zeichner, Daniel (Cambridge) (Lab)
ClerksAdam Mellows-Facer, Committee Clerk
† attended the Committee
Public Bill CommitteeThursday 19 July 2018
[Mr Adrian Bailey in the Chair]
Parking (Code of Practice) Bill
Clause 1
Parking code
Question proposed, That the clause stand part of the Bill.
I also thank all Committee members, who are not conscripts forced to be here by the Whips, but are here because they have an interest in the subject we are considering. I am most grateful to them. I also place on the record my gratitude to the hon. Member for Makerfield, who is leading on the Bill for the official Opposition. She has apologised for not being here today due to other commitments, but she has made it clear that she fully supports what I am trying to achieve with the Bill. I am most obliged to her for that.
The heart of the Bill is clause 1. It requires the Government to create a new mandatory code of practice across the private parking sector, which will end the inconsistent and unfair treatment of British motorists by rogue parking operators. It is important that motorists know when they enter a car park that they are entering into a contract that is reasonable, transparent and involves a consistent process. Poor signage, unreasonable terms, exorbitant fines, aggressive demands for payment and an opaque appeals process have no place in 21st-century Britain. In short, self-regulation has not worked, which is why the Bill is necessary.
It is necessary because of incidents that have happened to motorists like Mr O’Keefe, who was driving on a private industrial estate looking for a particular retail outlet. He could not find where he wanted to go, so he stopped for 15 seconds in a lay-by to check his satellite navigation settings. He was caught by a passing security van equipped with a camera, and a week later he received a ticket for £100 for stopping in breach of a sign situated further back on the road, which he later realised he had passed at 30 mph. The parking company agrees with his version events—it does not dispute the facts—but is still pursuing him, and he continues to receive threatening letters.
Even homeowners have been hit, like the residents of a Salford block of flats who in just one month had more than 200 tickets issued to them for parking in their own car parks. They were given one day’s notice to display their newly issued permits. The firm responsible posted warning letters through residents’ mailboxes just one day before the introduction of the new scheme. However, many residents were away—some at work, some on holiday—and, despite having a right to park there, their cars were ticketed.
If I could mention one other case, a pensioner mis-keyed her number plate into an automated machine when paying for her parking and got one digit wrong. On returning to her car, she discovered that the innocent mistake had resulted in a ticket. On appeal, she was able to point out that it was an honest mistake. She was also able to prove that no other car on the Driver and Vehicle Licensing Agency database had the registration number that she had keyed in. The parking company still demanded payment. In my view, the Bill is sorely needed.
The advisory code of practice is currently being formulated. I am grateful to the Minister, because after the House gave the Bill an unopposed Second Reading, he immediately started consulting on what should be in the code of practice. I have been to some of those consultation sessions to listen to what other people are saying. The code, although not yet ready for publication, is coming along very well indeed.
A summary on the code is available and has been distributed to Members. I will refer to a few aspects of it. There will be obligations on the operators of private car parks in the code, which will include the type of “equipment and technology used”, “clear signage”,
“clear and accessible displays of the terms and conditions”,
and the requirement that there be a transaction period and a grace period.
We need to ensure that a motorist has a choice before committing him or herself to park in a particular car park. With the advent of CCTV cameras, in some cases what happens is that a vehicle registration plate is recorded upon the motorist entering the car park. The motorist then sees the terms that apply to the car park and decides not to park there, but gets a ticket because the car was seen going in and coming out. That cannot be right. There must be a grace period of five or 10 minutes—perhaps even longer in a multi-storey car park—which would allow the motorist to change his or her mind.
Does my right hon. Friend agree that one of the reasons the Bill is important is the impact this issue has on tourism? As the MP representing Newquay, every week I get letters from tourists who come to Newquay, only to find a fine waiting on their doorstep when they get home. They then write and complain to me, as the MP, saying that they will never come to Newquay again because of the way they have been treated. These measures, therefore, are important in supporting our tourism industry and ensuring that people feel welcome to come to places such as Newquay.
Turning to the rest of the Bill, clause 3 requires the Secretary of State to review the code from time to time, which I think is necessary, because just as new rules are introduced, new loopholes are found by those who wish to get around the regulations that apply to them. Clause 4 requires the code, when it is finalised, to be published. Clause 5 gives details of the effects of the parking code. I am pleased that it makes it clear that the parking code itself will be admissible in any court proceedings. If a parking company takes a motorist to court and it is then revealed that it failed to follow the statutory code of practice, I would expect the courts properly to take that into account.
Over 19 million journeys every day end at a parking space. This is an issue that affects all voters, regardless of geography, class or age. The Bill seeks to introduce transparency and fairness.
This matter has long been of concern to me. I have looked with interest at all the clauses of the Bill and the draft code that the Minister helpfully sent out. I hope that we can engage with him over the coming weeks and months to ensure that the code is as robust and tough as possible, and that the Bill provides the review that is necessary, as the right hon. Gentleman said, to ensure that further loopholes are not found and that companies do not seek to avoid the code.
My constituency of Cardiff South and Penarth, which neighbours that of my hon. Friend the Member for Cardiff West, has a huge number of apartment units and is one of the most densely populated constituencies in Wales. There are many multiple apartment blocks that have large parking areas outside and parking is at a premium. Understandably, some restrictions are needed to ensure that the rightful owners or renters of parking spaces—or their visitors—can benefit from the exclusive use of their space.
Only months later did I discover that multiple legal letters from solicitors’ firms and so on had been sent to a previous address of mine that had been secured from the DVLA—a key issue at the heart of the Bill. Essentially, I was being taken to court for parking in my own space, unbeknown to me, because I did not receive any of the correspondence until the landlord of the place where I had been living sent me the pile of letters. Too many of my neighbours and too many of my constituents have had very similar experiences—some of them to the extent where, on a point of principle, they have refused to pay the fines and refused to engage with the solicitors’ letters. Some have even found themselves on shows like “Can’t pay? We’ll Take it Away!”—all for parking in their own space.
There are other areas where the activities of such companies are a huge problem. I have had many complaints from taxi drivers in my constituency, who are regularly harassed and prosecuted when, for example, they are parked in a supermarket car park in one of the out-of-town shopping areas in my constituency, waiting to pick up an elderly constituent with their shopping.
The other area is hospital parking, and I want to single out one company for some pretty shady practices. That is ParkingEye, about which I have received multiple complaints regarding multiple hospitals from people with serious medical conditions, NHS staff and others who have been caught. I have a letter here from a constituent who was a medical student working in the oncology department at University Hospital Llandough in my constituency, who had applied for a permit. There had been some mistake with the email address so, unbeknown to her, she ended up with huge fines from that company and no recourse. My team and I have engaged on behalf of many constituents to try and get their fines overturned, but sometimes, as my hon. Friend the Member for Cardiff West said, the companies do not even respond. We cannot get through to them. It is not possible to get a straight answer from them. I very much hope that the code of practice will address those issues.
I mentioned that I wanted to talk about solicitors’ firms. It is very clear to me that there is collusion between parking companies and solicitors’ firms—so-called roboclaims companies. They are often set up adjacently and involve the same directors and personnel. Incidentally, the same personnel get involved in the so-called appeals bodies. I hope the Minister looks closely at that. What discussions has he had with the Ministry of Justice and the Solicitors Regulation Authority?
The companies are jamming up parts of our legal system. A number of cases were being processed by Northampton Crown court. When people tried to contact the court to get information about their case, they were unable to get through on the phone lines because there were so many cases.
What discussions is the Minister having with the Ministry of Justice and the Solicitors Regulation Authority, which I met a few months ago to raise concerns about a number of named companies, and which has advised me that it is looking at the practices of those firms and whether they are operating in an appropriate way?
One individual who wrote to me about this said:
“I now pretty much know exactly how the parking companies and in particular the IPC have been running this scam for the past 5 years. Basically both of the appeals processes are a complete and utter sham, (and part of that sham is Gladstones Solicitors itself).”
I should be clear that that is Gladstones Solicitors in Knutsford—other companies might have a similar name. The letter continues:
“The appeals process at Excel/VCS is run by a team of minimum wage office workers with no legal knowledge or experience whatsoever, who are given 6 minutes to read an appeal, and 12 minutes to reply. Most of these replies are obviously cut and pasted from existing templated replies (sometimes referring to issues which are not part of the motorists appeal), with a few lines added in to make it look specific to your claim. The IAS (Independent Appeals Service) which the IPC offers as a second chance appeals service is also very similar, cut and paste answers, dubious legal statements etc… It is claimed by the head of the appeals service (retired Judge Bryn Holloway) that this is a completely independent fair process, it is not.”
The letter mentions two individuals—Will Hurley and Bryn Holloway—and concludes:
“This is a typical example of the clear collusion between the IPC, their members and the IAS…all to the detriment of the motorist”.
When the Minister is putting the code of practice together, I urge him to consider on a cross-Government basis what we can do about roboclaims companies and solicitors’ firms that profit, often in shady ways, off the back of people who are just going about their daily lives and business.
Will the Minister say more about information? A number of examples have been given. Far too often, individuals entering car parks do not see the notices and requirements. Visitors to residential parking places often have no clear information about how to park. Somebody came to the block where I live to do emergency boiler repair work—it needed to be carried out immediately to avoid serious damage—and returned to their van to find that they had been fined. I know of people on emergency medical appointments and carers who have been caught up. It is not appropriate and we need to look at what discretion can be applied in such cases. We also need to look at the information provided at entry.
Lastly, will the Minister say something about the devolution aspect? We are dealing with the DVLA. The Bill makes it clear that it applies to England, Wales and Scotland, but obviously some of these matters cross into devolved Administration territory. I am sure that there would be warm support for a unified approach across the United Kingdom, but what conversations has he had with the Welsh Government and others about how the measure can be applied? People cross borders and travel around the country. Solicitors and the DVLA are obviously UK Government matters, but transport and highways issues are often devolved, and Wales has a different local government system.
I will say to the Government that it is three years since the consultation document “Parking reform: tackling unfair practices” was published. It has been a long wait. I think that really the Government should have responded and introduced legislation, but in the absence of a Government who are able to deal with the pressing problems of the day, I am delighted that the right hon. Gentleman has introduced this Bill. I agree with much that is in it.
It is important to state at the outset that huge numbers of people drive every day—I think the right hon. Gentleman mentioned the figure of 19 million cars on the road every day—and the vast majority of people manage to find somewhere to park and do it successfully, and many in the industry work very professionally and very well. There is sometimes a danger in these debates that we hear only of the awful experiences. They are awful, but the vast majority of people, and the vast majority of people in the industry, are doing their best to make the system work successfully, so it really is the rogues that we are trying to deal with here.
I think that the number of people who get a parking charge notice each year is between 1% and 1.5%. Obviously, it is never good to get one, but we do need a regulated system. There is no such thing as free parking; there are always costs associated with it.
I also pay tribute to the advice that I have had, over the few years I have been following this issue closely, from the British Parking Association, which is a reputable organisation trying to achieve decent standards and a proper outcome for members. It has been looking for this kind of code for many years, and I very much hope that we will be able to get it on the statute book as soon as possible, because the longer we go on in the current situation, the greater the number of people who will suffer.
I have one major query for the Minister. The point has been raised with me by many people in the industry. At the heart of this is the information that the DVLA passes to operators; the major sanction through this measure will be to stop rogue operators getting that information. Unfortunately, that will not solve the entire problem. That does not mean that we should not do it, but we need to be aware; we should not raise expectations too high, because I am afraid that the real rogues will carry on. They will just stick one of these things on people’s windscreens and they will not even need the information from the DVLA. I am told that some 30% of people just pay up, because they are intimidated.
With that caveat, I think that the proposals are a significant step forward. I am sure that they will get support across the House, and the sooner we see them in legislation the better.
I was pleased to speak on behalf of the Government in support of the Bill on Second Reading. I pay tribute to all hon. Members for the important contributions they have made, both today and on Second Reading, highlighting the unfair practices that are being carried out every day, affecting their constituents. We heard then, and we heard again today, that Members are doing their absolute best to stand up for their constituents and to highlight these practices, which need to be stamped out. Indeed, that is what the Bill is designed to address.
I will turn briefly to some of the specific questions raised by hon. Members, but first I pay tribute to my right hon. Friend the Member for Scarborough and Whitby, who, in a previous guise as a Transport Minister, himself took steps to tighten up practices in the parking industry. Those steps have already been mentioned today, and he was far too modest to take any credit for them, but we should pay tribute to him for tightening up the rules regarding the unfair use of automatic number plate recognition and clamping.
The hon. Member for Cardiff South and Penarth spoke passionately today, as he did on Second Reading, about the issues affecting his constituents. I am pleased to say that in general, all the issues that he raised are likely to be covered by the new code of practice. I would be delighted to meet him when we return from the recess to discuss any further points in more detail, but he spoke well on Second Reading about threatening solicitors’ letters. What he said stayed with me, and I am determined to ensure that the code of practice has specific guidance on that point, which affects so many people.
The hon. Gentleman talked about the appeals process, which of course should be independent. I am pleased to tell him that, as part of the code of practice in the Bill, it will be scrutinised, funded through the levy. That will ensure independent scrutiny of the appeals process, as well as the associations and operators, to ensure that appeals are working not in the manner that he highlighted, but in one that is fair to those who need to avail themselves of such a process. He talked about information, which many other hon. Members talked about, and of course the code of practice will outline the information that should be standardised on tickets and signage, so that there is good practice and consistency across the industry.
On the devolved Administrations, I am pleased to tell Committee members that the Welsh and Scottish Governments are represented on the working group that has been engaged in developing the code of practice, and are in extensive dialogue with the team in my Department, to ensure uniformity of execution of the Bill and to confirm that all the various matters have been put in place as required.
I have an update for the Committee. The explanatory notes are out-of-date with regard to the legislative consent motion. Originally, the advice from the Scottish Government was that that would not be required, but that advice changed and they believe that they require it. That motion has now been passed, so I am pleased to say that the Bill will have force in Wales and Scotland, and that all legal requirements have been satisfied in that regard.
I pay tribute to the experience of the hon. Member for Cambridge in transport matters. He has spent a considerable time in the House weighing in on such issues, so it is a pleasure to have his experience on the Committee. I will touch briefly on the issues he raised. He made a good point about rogue operators. I am confident that not having access to the DVLA will deal with the vast majority of problems that hon. Members have mentioned, because the lifeblood of trying to extort money from people is having access to their details.
By standardising tickets, complaints processes, fees and lots of other things, the code of practice will offer us the opportunity to educate the British public when the Bill has passed. From that point forward, one will be able to say to the people of the United Kingdom, “This is what tickets should look like. These are the various things that you should expect to see on them”— whether that is a kitemark or something else. In that way, through consumer education, we will hopefully ensure that they will be able to check for some kind of mark or language that would not be on rogue parking tickets. By bringing everything together in a standard way, that education process can happen in a way that it cannot today. I hope that that will deal with most of those issues.
I am also happy to look at the law that already exists to tackle people who are doing things that are presumably illegal, such as trespassing or interfering with other people’s private property. As I said, however, the huge opportunity comes from the code of practice, which standardises behaviour and practical things such as the information contained on signage and tickets, so that we can get to the point where people know what to look for on a parking ticket.
“There should be a requirement to issue an acknowledgement or full response to a complaint in a timely manner”.
Does he agree that if a parking company failed to respond to correspondence on such a matter from a Member, and if that wording is included in the final code, it would, in effect, be in breach of the code of practice?
In conclusion, I thank Committee members for their constructive comments, this morning and on Second Reading. I look forward to working with not only my right hon. Friend the Member for East Yorkshire but all Committee members to bring this important piece of legislation on to the statute book as soon as possible, so that we can start to right the wrongs that so many of our constituents have had to endure. This is a fantastic example of Members from all parties working together to solve a practical problem that will make a meaningful difference to people’s everyday lives.
I commend the Bill to the Committee.
I commend the Bill to the Committee.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 11 ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill to the House.
Question put and agreed to.
Bill accordingly to be reported, without amendment.
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