Car Clamping (Private Car Parks)

Debate between Baroness Ritchie of Downpatrick and Mark Williams

Wednesday 19th June 2013 Westminster Hall

[Ms Margaret Ritchie (South Down) (SDLP)]

I am delighted to serve under your chairmanship, Mr Owen, and I am pleased, on behalf of many of my constituents and many people throughout Northern Ireland, that the Minister is here to provide a response on this vexatious issue.

I have been made aware of the serious problem of dubious and irregular charges being levelled by private parking companies on customers who use private car parks, for example, near shopping centres. There is often little oversight or regulation of the marketplace and many companies seem to operate in a dubious manner. My constituents have made me aware of the problem, which I know exists across Northern Ireland. I am therefore delighted to have secured the debate, and again, I thank the Minister for coming to address the Chamber on the issue.

I am aware that the matter partly falls under devolved competencies, but given that the Department for Transport, or more specifically, the Driver and Vehicle Licensing Agency, provide such companies with driver and vehicle information, it is important that the UK Government address these concerns.

[Mr Mark Williams (Ceredigion) (LD)]

I am grateful to the hon. Lady for giving way so early on in her speech, and I congratulate her on securing the debate. I reassure her that the concerns are not restricted to Northern Ireland; they are UK-wide. Is not the critical point the role of the DVLA, which she just mentioned, and how, in a largely unfettered way—sometimes inappropriately, it seems—vehicle licence details from the DVLA are released to these companies?

[Ms Ritchie]

I thank the hon. Gentleman for his intervention. That is absolutely correct, and the Minister needs to look into the unfettered handing-out of that information to private parking companies, because it is placing a lot of people, particularly the elderly and those who are disabled, in great distress.

--- Later in debate ---

[Ms Ritchie]

I thank my hon. Friend for his intervention. I agree that an area of the Equality Act needs to be investigated, but perhaps because these are private car parks, they sometimes fall through various loopholes. None the less, the issue requires investigation.

[Mr Mark Williams]

I concur with the comments of the hon. Member for Hyndburn (Graham Jones). Mr and Mrs Sheldon, a disabled couple from Aberystwyth who visited me in my constituency surgery last week, had exactly the same experience. With regard to taking these complaints further, may I ask the hon. Member for South Down (Ms Ritchie) what her experience has been of the British Parking Association, the body that is supposed to regulate the conduct of its member companies?

[Ms Ritchie]

I thank the hon. Gentleman for his intervention. I think that part of the problem lies with the British Parking Association—he is right—because it is not doing the job that it is supposed to do. It is letting things fall through the net.

Let me explain some more of the background. People may well be asked for proof of purchase from the car park’s associated store. I do not know about the Minister’s shopping habits, but it would be very rare for me still to have a receipt, months later, for every small item of shopping that I had bought. None of this seems to constitute a fair claim or burden of evidence, and I would like to know whether the Minister agrees.

Given the very uncertain regulations that cover this area, consumers caught in such cases have very little access to recourse, and companies seem to obfuscate where possible. If the operator is approved and controlled by the British Parking Association, there is a more formal appeal mechanism, but it must be recognised that the BPA is not an independent body; it represents the parking industry. Moreover, many of these companies operate outside the BPA.

Surely the Minister agrees that there should be a requirement on companies operating in this market to be BPA registered, at least, and that there should be a clear set of independent guidelines that require companies to provide information on the right of recourse for those being charged. I put it to the Minister that any such guidelines or regulations should also put clear limits on the nature of letters that can be sent to consumers and put a robust burden of evidence on the company demanding the charge.

What exists currently is not fit for purpose and damages not only consumers, but those companies that seek to operate in a reputable manner. We have a private parking regime that is highly inadequate. The Government claim to want people to return to their city and town centres to support small business and the local economy. We have had the Mary Portas report, and we have had an emphasis on regeneration of our town and city centres, but what message does it send when people return from shopping trips and a month later are served with parking notices such as these? I will tell the Minister exactly what they think: “I’ll stay at home and do my shopping online.” That is only those who are fortunate enough to have that option. People will simply stay at home or go elsewhere, where there are not these impediments or hindrances, but they will not go back to the town or city that placed that burden on them through a parking operation.

I have come here today hoping at the very least to gain assurances that the Department for Transport is aware of the problems and, more specifically, will take remedial action to prevent companies that are operating in a disreputable manner from accessing the DVLA’s database. I know that in the Northern Ireland context, my party colleague who is the Minister of Environment there, Alex Attwood, has been talking to the Under-Secretary of State for Transport, the hon. Member for Wimbledon (Stephen Hammond), about this issue, but also about the very important need to devolve the DVLA to Northern Ireland, so that we have our own base there. Perhaps the Minister wants to take that issue away and talk to his colleague about it, but surely there should be a degree of concern that the DVLA information system—