DVLA and Private Car Parking Companies

Daniel Zeichner Excerpts

Tuesday 21st March 2017 Westminster Hall

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I congratulate the hon. Member for Torbay (Kevin Foster) on bringing forward the debate, which has enabled many hon. Members to give accounts of dreadful experiences. My hon. Friend the Member for West Bromwich West (Mr Bailey) powerfully explained from his experience how this works, and my hon. Friend the Member for Hyndburn (Graham Jones) described how powerless people can feel when they are treated so outrageously.

I want to concentrate my comments largely on what the Government have or have not done. In March 2015 the Department for Communities and Local Government published a consultation, “Parking reform: tackling unfair practices”. That came at a time when the Government chose to move responsibility for off-street parking to DCLG. The then Secretary of State clearly saw regulation as a problem rather than a civilising solution. I note in passing that there is still some confusion about where responsibility for parking policy lies. We will hear from a Transport Minister today, but there is clearly a lot of crossover with the Department for Communities and Local Government.

DCLG’s consultation concluded in May 2015, and the Government have still not responded. In December that year, I asked when we were likely to see the response and was told that it would be in the new year. It was not clear which new year was being referred to; we went through 2016 and are now in 2017. Just last month, I asked what reason the Government had for not publishing their response, and was told:

“We have set out a clear manifesto commitment to tackle aggressive parking enforcement and excessive parking charges, and are taking steps to tackle rogue and unfair practices by private parking operators.”

They also said they were

“considering responses to the discussion paper, and options for reform.”

However, there was no mention of when those considerations might conclude.

The responses to the initial consultation clearly show just how many problems exist, and they are very much along the lines of what we have heard from hon. Members. The summary of responses was published in May 2016, and the consensus was a stark indictment of the current situation. The majority of respondents—78%—indicated that there were problems with either how parking on private or public land is regulated or the behaviour of private parking companies. So 78% think there is a problem, yet the Government show no urgency in dealing with it. The majority of respondents considered there to be significant issues with how parking on private land currently operates, and the majority of organisations concurred. Issues raised by individual respondents included the lack of a private parking regulator to protect the interests of motorists, problems with the current appeals process, unclear signage, which we have heard about, and a general lack of clarity and information.

As the Government fiddle and tarry, a further problem has arisen. Back in 2012, the British Parking Association set up an appeals service, as the Government had requested. One of the Government’s key requests was that the service be independent, so the BPA set up the Independent Scrutiny Board for Parking Appeals on Private Land—ISPA. It may be easy for hon. Members to get confused by the acronyms, but please stick with me. More recently, the other major parking organisation, the International Parking Community, established a competing scheme.

As hon. Members have said, both schemes have access to DVLA data, without which neither would work. However, because the BPA feels that the IPC scheme has no independent scrutiny element, BPA members feel that they are being put at a disadvantage because they have to meet the cost of funding ISPA. They feel that the IPC should not have access to DVLA data without that independent scrutiny element. Because the Government have completely failed to sort all this out, the BPA will cease funding ISPA from the end of this month. The voluntary regulation system for the private parking sector is falling apart, so I am bound to ask the Minister what he and his colleagues are doing about that.

Let me say a little bit more about the relationship between the DVLA and private parking companies. On the one hand, individuals who responded to the consultation felt that the DVLA was failing to properly scrutinise private companies before releasing driver data, and many felt that it should not profit from the release of those data, as hon. Members have suggested. In turn, parking organisations said that companies already have to be governed by the code of practice, to which I have already referred, in order to access DVLA data. There are real concerns that the DVLA profits from the sale of the data that it holds on drivers. We have already heard that there are views on whether the DVLA is making or losing money, and the evidence I have seen is contradictory. I would rather welcome some clarity on that from the Minister.

The actual test for who can access those data is

“any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.”

“Reasonable cause” is not defined in the legislation and seems to take precedence over the Data Protection Act 1998. However, since 2009, the release of that information has been limited to members of an accredited trade association, which goes back to the point I have just made.

In 2015, the Government said that the DVLA

“takes the protection and security of its data very seriously. A comprehensive set of safeguards is in place to ensure data is disclosed only where it is lawful and fair to do so. Individuals may write to the DVLA to request that their personal information is not disclosed if it would cause unwarranted and substantial damage or distress. The DVLA does not operate a blanket opt-out process but considers each such request taking into account the individual's particular circumstances.”

That comprehensive set of safeguards is vague. When pressed on the specifics in a written question, the Government answered:

“The safeguards that are in place to protect information held by the Driver and Vehicle Licensing Agency (DVLA) vary depending on the channel used and sensitivity of the data processed through the service.”

All of that shows that the situation is a mess. There is a complex set of trade-offs between the role of data held by the state, the privacy of individuals, the rights of landowners and the obligations of operators, but in essence, the poor old driver, who just wants to park, is left dazed and confused. The British Parking Association has made a strong case for a single standard-setting body with an independent scrutiny board. It would deliver a single code of practice and a single independent appeals service for consumers. I would welcome the Minister’s views on that proposal. Ultimately, we need to see the Government finally respond to the consultation. It has been almost exactly two years now, which is surely enough time to consider the responses and come up with a plan to clarify this mess, which is pleasing no one.

[Nadine Dorries (in the Chair)]

Before I call the Minister, I ask him to please leave a few minutes at the end for Mr Foster to wind up the debate. That would be much appreciated.