Parking (Code of Practice) Bill

Debate between Greg Knight and Pete Wishart

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

[Pete Wishart]

I understand totally the frustration felt by the hon. Gentleman’s constituents who have to park in Perth city centre. I hope that we will both see the amount of correspondence we receive in our mailbags on this issue decrease significantly as a result of the Bill.

Another frustration is that Smart Parking is singularly unresponsive. It does not reply to representations from Members of Parliament or have meetings with us. It does not even start to engage with some of the difficulties we identify with its operation. I wish to commend The Courier newspaper in Perthshire for the campaign it has mounted about the situation. One of the reasons I am down here today as the Member of Parliament is the very fine work that The Courier has done on the situation right across Perthshire. I congratulate it on that.

The Bill means that these companies will no longer be able to get away with that type of behaviour. The days when they could distribute fines like confetti, and when they could confuse and frustrate our constituents with their so-called smart technology and poor signage in order to harvest fines, are coming to an end. The Bill is evidently necessary, because self-regulation has been a resolute failure. The toothless regulators, such as the British Parking Association, are singularly incapable of dealing with the sharper practices of the rogue operators.

The British Parking Association actually lists some of the operators as its members. I had a meeting with it this week, and it gave me a copy of its magazine, which includes a list of all its members, and who should be listed there, in bold letters? It was Smart Parking. The BPA does not have the ability to regulate these companies and has shown no sign whatsoever that it is trying to get on top of some of the sharper practices. The BPA gives a veneer of legitimacy to some of the more outlandish rogue operators by including them in their membership, allowing them to continue to operate. The Bill will oblige operators such as Smart Parking to amend their practices.

I want to mention another practice that I have observed in a retail park in my constituency—this is actually worse than Smart Parking. Two private parking companies operate one huge car park at St Catherine’s retail park in Perth. One company circled the car park with signs telling motorists that, if they had the temerity to leave the part of the retail park where they had used a parking space to access shops in other parts of it, they would be fined. It did that, and it actually took photographs of people leaving their car and going into other parts of the retail park where the facilities are covered by another parking operator. That is what it did, and this is the extent to which some of these private parking operators work. It is not good enough, and it has to end.

I want to say to the Minister that I think what he is doing is fantastic. I have seen some of the details he is going to put into the code of practice and I think they are fantastic. I congratulate him on taking the maximalist approach. I think the Government will approach this by ensuring they will do the utmost they can to protect the motorist from this type of practice. They will put in place a set of regulations that will ensure the best result we can get when it comes to these things.

Among the things I want to make a plea for including in the code of practice—given what I have heard from the Minister, I am pretty certain that he will be looking at them—are equipment and technology. We have to make sure that we get the signage absolutely right and that surface markings are clearly identified and regulated properly. There should be clear and accessible displays of the terms and conditions of the car park. We have already heard examples of when that does not actually work. I know that the Government are looking at consideration periods to allow motorists sufficient time to decide whether they would like to park, and grace periods to allow motorists time to pay and leave the car park. All of this would make a real difference to the parking arrangements in our cities and town.

I believe these parking companies intentionally deploy poor signage. The fact that motorists can be fined simply for entering a car park to look for a space is simply and clearly unacceptable. One of the car parking operators in my constituency actually fines people for entering a zero instead of the letter o. Apparently, the smart technology cannot cater for that, but the operator takes no recognition of that when people appeal on such a basis.

Another of my pleas to be included in the code—the Minister may be able to help us with this one—is capping fines, a feature that I think we all agree must happen. The fact that someone can be fined £140, £160 or £180 for parking a car is simply and utterly absurd. I think, and I hope, that this will be addressed. My suggestion is that fines or parking charge notices in private car parks should be no more than those of the local authority. I think it is fair that there is a uniform cost that people pay in any city or town across the country, and I am pretty certain that we will get to such a place.

I know the Government’s intention is to ensure that what are called PCNs will no longer be able to look like fines from the local authority, and that is really important. Will the Minister tell us how this will be done and how he intends to ensure that that happens? Parking companies have to get away from this confusion with local authority penalty charge notices, and they must do so without using the threatening and intimidating language on these tickets.

What I would like to see on such tickets is the full legal basis on which they can be distributed. As the right hon. Member for East Yorkshire said, this is a contractual arrangement, so they are not fines. If the private parking company is to pursue such a case, it has to take it to the civil court to demonstrate clearly that the motorist has breached the terms and conditions of using the private car park. That should be mentioned on the parking ticket, as issued by the private operator. I think that would be fair.

[Sir Greg Knight]

I would argue that if the parking operator takes an erring motorist to a civil court and it is shown in court that the form of private parking notice was not as laid down in the mandatory code of practice, that should be a case for dismissing the claim.

[Pete Wishart]

I totally and utterly agree. I will come back to access to the DVLA register later in my speech. The key to all this is the DVLA register and ensuring that access to it is predicated on good behaviour. If there are any examples of any of these companies going back to such sharp practices, they should be dealt with effectively and not given access to the DVLA register.

I am particularly delighted that the Government are looking at debt collection issues. I hope the Minister will confirm that the Government will state explicitly that operators cannot sell or assign debt to a third party, as that has to happen. The use of aggressive debt collection companies is probably the most grotesque, threatening and intimidating feature of parking companies’ behaviour, and the part of their operation that concerns me most. I cannot remember which hon. Member mentioned vulnerable customers who receive some of these letters, and what it must do if they receive a letter that tells them that the charge will impact on their credit rating. I think that is illegal—perhaps one of the greater legal minds here will clarify that for me—but that is the sort of thing that those letters include.

Debt collection companies increase the tempo and rate of intimidation and threat. One of my constituents received 10 letters from a range of different companies, with an increasing tone of belligerence and threat. It is right for private parking companies to expect settlement, and to deploy reasonable steps to recover it, but we cannot continue to allow threatening and aggressive letters that demand payment simply for parking a car.

Access to the DVLA is the prize that parking companies require to ensure they can continue to operate. The Government will introduce conditions for access to the DVLA database—perhaps the right hon. Member for East Yorkshire will confirm that—so that proper auditing must be conducted before an operator can join a parking association, and that compliance must be demonstrated. I believe it should be incumbent on parking operators to demonstrate fully that they are a responsible operator in order to get DVLA access, and if there are examples of bad practice, that access must be removed.

I am grateful that the entire Bill covers the whole UK and will be applicable in Scotland. We have agreed a legislative consent memorandum in the Scottish Parliament to ensure that the Bill will apply across Scotland, and it is right that we have uniform measures such as this. I travel down to London and park my car here, just as hon. Members come to beautiful Perthshire to enjoy the fantastic features of my constituency, and it is right for everyone to expect the same level of service and regulation throughout the United Kingdom.

We have seen what this issue does to towns and cities. Parking is an essential requirement for any town or city centre, and the right hon. Gentleman was right to highlight how many trips are made and how many parking experiences are involved as we go from A to B. It can have a devastating effect on local economies if we do not get the issue right, so parking is an important ingredient in our community and the local economy.

In my experience, people are happy to pay for parking—I have never seen anybody suggest that we should get parking for free, and any place where free parking has operated has become a disaster and a free-for-all. We need efficient and effective parking in our towns and cities. People are even happy to pay parking fines if they know they have been wrong and perhaps overstayed, or something happened and they received a fine. What they cannot stand, however, and why we receive so much correspondence and so many complaints in our inboxes, is when the fines are unfair and imposed disproportionately, or when people are pursued by parking companies. Ultimately, it is not beyond our wit to design an arrangement where someone parks a car, makes a payment, and is assured that that is the end of the matter. Needing to ensure a code of practice shows how bad things have become, which is why we must address this issue.

I hope that this is high noon for the parking cowboys. I hope they are brought under control and that I will not have continually to respond to constituents and visitors to my constituency about the behaviour of a certain company. This is a good Bill, and we must now see the code of practice. I know the Minister will ensure that we are involved in designing that code, and when he responds to the debate I look forward to hearing some of the features that will be included. Finally, I congratulate once again my good friend, the right hon. Member for East Yorkshire, on sponsoring this Bill, which I am sure will be successful today.

Perth’s Cultural Contribution to the UK

Debate between Greg Knight and Pete Wishart

Wednesday 5th July 2017 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

I am grateful for this opportunity to debate the cultural contribution of the city of Perth to the United Kingdom’s national life. As we await with bated breath the shortlist for the 2021 UK city of culture, our cultural contribution to this nation is vast, overwhelming and ever evolving. Nevertheless, we are not a city that rests on its laurels. We are a city that is rich in heritage and culture, oozing confidence and simply dripping with ambition. With our dramatic riverside setting in the heart of Scotland, where highland meets lowland, in the middle of a hybrid cultural melting pot, we are by far the most beautiful and attractive of all the city of culture candidates.

[Sir Greg Knight (East Yorkshire) (Con)]

Is the hon. Gentleman aware that support for the city of Perth goes beyond his party and his country? There are Government Members, whom he would no doubt refer to as Sassenachs, who think that Perth is a great city.

[Pete Wishart]

I am grateful to my right hon. Friend—I call him that because, as I think you know, Mr Deputy Speaker, he is my colleague in the rock band MP4—for that contribution. I do, of course, recognise the fact that Perth’s bid is supported in constituencies throughout the United Kingdom.

Our plan is to make Perth one of Europe’s great small cities and, in achieving that, give confidence to the other small cities and large towns throughout the United Kingdom. Let me tell you a little about the city of Perth, Mr Deputy Speaker, because our story is utterly unique and like no other, and I know that you are a student of the civic attributes of so many of the communities represented in this House.

Perth is the ancient capital of Scotland. In the 9th century, Kenneth MacAlpin forged the Kingdom of Alba from the Picts and the Scots and was crowned Scotland’s first King at Scone. From then on, every King of Scotland was crowned on the stone of destiny in Scone, which is now part of the Perth city region. I shall say more on that artefact later.

Perth became a royal burgh in 1210, and by the early 14th century it was the most fortified settlement in the whole of Scotland. In the 16th century, the Scottish reformation was sparked in Perth, when John Knox preached in the wonderful surrounds of St John’s kirk in the heart of the city. Our place in Scotland’s pre-industrial history was secured and cemented with a pre-eminent place in the Jacobite struggles and the idea and creation of the modern nation of Scotland.

With industrialisation, Perth’s contribution was matched only by our contribution to the concurrent Scottish enlightenment. Our whisky, dyeing and linen, and our industry powered by the mills along the River Tay, were matched by the cultural contributions from John Duncan Fergusson and Patrick Geddes.

In the 20th century, the city of Perth became the administrative centre for much of the Scottish whisky industry and for Scottish agriculture. It offered fantastic financial services, particularly insurance, which is still a feature of the city today. From the 1940s, hydro-electric dams shaped communities and landscapes right across highland Perthshire, signalling the coming of the renewable energy revolution.

To bring things right up to date, five years ago we were awarded full city status by Her Majesty the Queen during her diamond jubilee celebrations, in recognition of Perth’s contribution to the civic, cultural and national life of not just Scotland but the whole United Kingdom.

We simply overflow with cultural activities. We have four nationally recognised arts organisations: Horsecross Arts, Culture Perth and Kinross, Pitlochry Festival theatre and the Perth festival of the arts. We have 20 dedicated cultural venues, including the wonderful Perth concert hall, which is celebrating its 12th year this year and is the largest concert-hall venue outside the Scottish central belt and, in my view, the finest concert hall in Scotland.

We are in the process of renovating our existing cultural estate with the creation of a new cultural quarter in the Mill Street area of the city and the multi-million pound redevelopment of the wonderful Perth theatre, which is one of the oldest and best-established theatres in not just Scotland but the whole United Kingdom.