HGV Fly-parking: Kent

Lord Mackinlay of Richborough Excerpts

Wednesday 7th September 2016 Westminster Hall

[Craig Mackinlay (South Thanet) (Con)]

I thank my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) for securing this debate. I have had much correspondence on this issue with the Kent Association of Local Councils—I am sure my hon. Friend has as well—and it regularly fills up my email inbox. It is a struggle to know exactly how to solve it. The Stanford West development will be key to solving the problem of fly-parking, which is unfortunately blighting not just the immediate area around Dover and Folkestone, but the whole county. The attendance this afternoon of my hon. Friend the Member for Cannock Chase (Amanda Milling) demonstrates that this is an issue that extends beyond Kent, across the country.

I want to put a few facts on the counter today. Some 88% of all HGV traffic passes through Kent going towards the Dover ferry port or Eurotunnel and 70% of that traffic passes down the M20 as the most logical high-speed route from the M25 and elsewhere to get there. We have 10,800 freight vehicles—5,400 each way—passing through Kent every 24 hours. As the hon. Member for Stoke-on-Trent South (Robert Flello) noted very well, one of the reasons that Calais is not used is that, in the current environment, lorry drivers simply dare not park for long periods in Calais, as they may need protection from unwarranted and unwanted illegal migrants.

It is not just the primary routes that are suffering. Driving up here from my constituency on a regular basis, I have noticed areas particularly around Cobham. There is a particular on-off road around a petrol station, which is the main route back on to the dualled M2, and which is always chock-a-block with fly-parked lorries. The issue also affects minor roads. It is not uncommon to go anywhere in Kent and see lay-bys, meant for people to take a temporary stop or to dispose of rubbish from their cars, that have become overnight stops. Minor roads are also used. Traffic regulation orders have some value, but local authorities are often hamstrung by fairly limited powers and the difficulty of enforcing any penalty notices they issue. My hon. Friend the Member for Faversham and Mid Kent noted that the fines are so small that the cost of recovering them, using the SPARKS network and the powers under the Local Transport Act 2008, which allow local authorities to pursue foreign fines across borders, is often so prohibitive and aggravating that it is simpler to do nothing.

[Amanda Milling]

Picking up on the point about the nature of the areas where these lorries are parked, does my hon. Friend agree that it affects residents badly, such as those on Leathermill Lane and Love Lane in Rugeley, but it also affects businesses and other organisations in the locality, because they are parking on business parks as well?

[Craig Mackinlay]

My hon. Friend makes a valid point. The problem is that, if a vehicle is properly insured and there is no traffic regulation order to prohibit the parking on, say, a housing estate, under the law the vehicle can park there. It comes down to the lack of facilities that we have. Because of tachograph requirements and driver hours, some drivers are forced to stop wherever they can. That enforces the argument for proper sites across the country to stop that happening.

The mess that is created down the last part of the Thanet Way has been mentioned. I know my right hon. Friend the Minister is familiar with that area. There are four or five lay-bys, which are used overnight. I have cause to stop there from time to time when driving with my dog, so that she can take an appropriate break. I pick up what comes out of my dog, but I sometimes wonder if there have been several inconsiderate dog owners. Sadly, that is not the case—it is human waste and filth, which the hon. Member for Stoke-on-Trent South ably described.

The way to solve the problem is a mixture of carrot and stick. Enforcement notices have a valid part to play. Figures from Kent police, which I think my hon. Friend the Member for Faversham and Mid Kent already raised, show that in the six-month period from December ’15 to May ’16, 1,354 lorries were moved on and 370 suffered a graduated fixed penalty notice. A penalty notice should be sufficient to prevent those drivers from fly-parking the next time, but, unfortunately, a degree of lunacy comes into play. The Minister might be interested in this point. I have been doing a lot of work in Sandwich to try to stop big lorries going into the town as a result of blindly using the free software on their phones that is designed for cars, not lorries. Thankfully, we now have a 7.5 tonnes traffic regulation order. When it came in, I asked the police what they were going to do to enforce it. There is new signage of course, but the big stick of fining can work when a fixed penalty notice is issued to a UK haulier, because we know where they are and they can be pursued easily through the British legal system. The problem is with foreign drivers, of which some 65% seem to be the ones responsible across Kent. There is just one handheld machine for taking a credit card across the whole of Kent police. I found that quite incredible. I could set up a shop tomorrow and get a credit card machine in, but Kent police only have one. I am taking that up with the police and crime commissioner.

Cost is the big issue. That £20, or whatever the cost is, is quite a lot of money to the driver or foreign driver and it is not surprising that they want to avoid that. Farthing Corner, one of the key stations on the M2, charges £20 per night—it is not surprising if drivers avoid that charge.

There is a big contrast here with our EU neighbours, who tend to do this better than we have. In France, they have the aires system of truck stops. In Hungary, a place that I am more familiar with—my wife is Hungarian—all main motorways have pull-in areas. They are not full service stations, rather they are off-the-motorway pull-in areas with toilet facilities, called pihenöhely—I will leave a note for Hansard. My first time in Hungary I thought it was a place; there seemed to be rather a lot of places with the same name—they are all over the place.

Drivers’ hours are at the heart of this and until we provide proper facilities we are hamstrung on what we can do. Carrot and stick needs to come into play. The provision of areas, at reasonable cost if necessary, is the carrot. I do not know if there will be a cost associated with Stanford West for usual use; I would imagine there probably will be.

[Damian Collins]

The Stanford West site will have lorry parking charges for overnight parking but would be free for use for other means.

[Craig Mackinlay]

That may not solve the problem of overnight fly-parking, because people will want to park for free somewhere else. That is perhaps something we need to pursue.

Once facilities are available, we need the stick: a higher fine. My hon. Friend the Member for Faversham and Mid Kent raised that point. That stick should also be linked with Kent police getting more than one credit card machine—that might be useful. Also, local authorities should take the step to enforce. The cost to local authorities of cleaning up the human waste and rubbish in the lay-bys has not yet been quantified, but it must be substantial. It does little for the general quality of our road network.

Again, I thank my hon. Friend for securing this debate. This issue needs to be solved, because, no matter which part of the county we are in, Kent is very much at the frontline of the problem.