Parking (Code of Practice) Bill

Lord Bourne of Aberystwyth Excerpts

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)]

My Lords, I thank all noble Lords who have taken part in this debate—a very consensual debate, I am pleased to say. I will try to deal with the points that have been raised. This debate on Second Reading has been wide-ranging in many ways. It has been full of important content and some very interesting and important points have been made. In so far as I cannot deal in detail with any of the issues which have been raised, I will make sure that noble Lords get a detailed response. I will write to noble Lords and place a copy of that letter in the Library.

I want to thank very sincerely my noble friend Lord Hunt of Wirral for his hard work in promoting this Bill. It is a matter for which the whole House is most grateful. I also thank my right honourable friend the Member for East Yorkshire, Sir Greg Knight, for introducing this Bill in the other place. It is pleasing, as the noble Lord, Lord Kennedy, has just said, that in these times of discord to have before us something on which we are so totally in agreement and have reasonable concerns. This is the Lords at its best, just as it was on the Tenant Fees Bill earlier this week.

My noble friend Lord Hunt has shown considerable determination in ensuring that this comes to us and is navigated successfully. I very much endorse the comments that the noble Lord, Lord Kennedy, has just made on the need for no amendments to this Bill. I will endeavour to deal with some of the issues that have come up on council car parking and so on, but that is without this Bill. I want noble Lords, if they would, to remain focused on this issue.

My noble friend Lord Hunt gave us an effective overview of the Bill and why it is needed—for consistency and clarity. There has been an increase in private parking tickets. I endorse the point that many noble Lords have made that there are many ethical operators which are operating quite appropriately and where there is no concern. But there are others. We all have our horror stories; I too have suffered from a cliff-edge car parking charge—as my noble friend Lord Lucas, mentioned—so there are concerns. We all have our examples or—in the case of the noble Baroness, Lady Thornhill—our close relatives’ examples to consider and quote.

This is in essence a very simple Bill. It facilitates bringing in a code of practice for private operators to ensure we have consistency, clarity and a proper appeals system. I will nail this at the outset, but will probably come back to it as I go through my speech: there will be a code of practice with an advisory committee drawn from people with expertise in this area. That code of practice will be consulted on and there will then be appropriate parliamentary procedures on the detail.

On the point made by my noble friend Lord Lucas about a meeting, I am happy to facilitate that—hopefully along with Sir Greg and my noble friend Lord Hunt of Wirral—to talk about some of these aspects and provide reassurance. The important point is to provide the focus to ensure that this measure, which is simple and straightforward and should command our support, goes through unamended.

The code of practice will deal with matters such as appeals to ensure that there is clarity and consistency; that is important. It seems appropriate—this is subject to the consultation exercise—that it mirrors appeals procedure elsewhere. I am sure that is at the forefront of people’s minds. On notices and the points made about signage, that should reflect best practice and the same process as in local authority car parks and on Network Rail land—where there is a slightly separate regime with slightly different considerations, but it very much mirrors what we have here.

I am sure fines would be considered in the code of practice, particularly in those cliff-edge cases. You see the sign telling you how long you can park for, then if you overstay by a short amount you are very often subject to some horrific charge and the ransom types of situation that the noble Baroness, Lady Thornhill, referred to. My department has been made aware recently of somebody accidentally mistyping their registration number into a parking system and for the sake of a 50p ticket receiving a £45 charge. This is unacceptable and the sort of thing that would be dealt with.

The noble Baroness and others raised the issue of those that are unlicensed and do not receive the appropriate laying-on of hands as a registered provider. They will not have access to the DVLA data, so will not be able to enforce the charges at all or to operate successfully. I am sure the code of practice will reflect this, but clearly the sanctions would not necessarily go for denial of access to the DVLA data straightaway if it is a very minor breach, but that would be appropriate in some situations. It could be the case that it would be like endorsing a licence.

Signage will be dealt with. Noble Lords have raised the issue of contractual signage before you actually go into the car park. It is a basic principle of contract law that you can only be subject to terms known to you and agreed by you, either expressly or implicitly, at the time the contract is concluded. I will look at that, but I am sure it will be borne in mind by those putting together the code of practice. After the contract is concluded, you cannot then seek unilaterally to put in extra terms, as per the case of Olley v Marlborough Court. If I may, I will cover that in more detail in the letter.

My noble friend Lord Goschen referred to county court judgments. There is certainly an issue there that we want to take care of. There have been instances of people having notices sent to their old addresses when they have made known their present address, and such cases should also be covered.

I have covered the issues of unlicensed operators and fine levels, and the use of debt collectors will no doubt be covered in the code.

I shall deal now with one or two of the issues that have been raised. My noble friend Lord Hunt referred to the fact that he first entered this arena through passenger vehicles legislation—the Minibus Act 1977. It says much for the contribution he has made to public life that he is still firing on all cylinders and helping us with these issues. I put on record my thanks and the House’s thanks for that.

The noble Baroness, Lady Thornhill, referred to the local pub test in Watford. I will not ask how she is aware of what is being talked about in the local pubs but we all recognise that unfair car park charges fire people up, and we all have our horror stories to tell about them and I thank her for her contribution and support. She referred to the synergy with local authorities. Many people would suggest that local authorities often make hefty charges but I will deal with that issue in separate correspondence with her. I agree that sometimes people are unfair in the abuse and attacks they direct at people who are responsible for enforcing the rules, a point also made by the noble Lord, Lord Kennedy.

I am grateful to my noble friend Lord Goschen for his comments on this focused legislation. As he said, it seeks to deal with legalised unfairness. I am also grateful to my noble friend Lord Leigh of Hurley for his contribution and his broader discussion of car parking. We recognise some of the issues he raised, particularly about the need for compatibility. He said that many companies behave perfectly properly and ethically. They have nothing to fear. We want to make good operators the norm, the universal situation.

My noble friend Lord Kirkhope also goes back some way on this issue of parking and I thank him for his expert knowledge and for his support of the need to move forward with this legislation. I also thank my noble friend Lord Lucas for recognising some of the challenges. He referred to the cliff-edge operators. I have been a victim and note that it is very unfair on people.

All we are seeking is clarity, consistency, transparency and fairness. This is a process measure rather than a substance; it is to make sure that people are dealt with fairly.

In particular I thank the noble Lord, Lord Kennedy, for, as always, putting his finger on what needs to happen here—which is support from around the House to ensure that this sensible legislation, which has universal support in the Lords, goes forward without amendment. In the meantime, I am happy to write to noble Lords on some of the issues that have been raised and, indeed, to facilitate a meeting if that is felt appropriate. With that, I again thank my noble friend Lord Hunt for bringing forward this legislation.