Tuesday 14th September 2010

(14 years, 2 months ago)

Westminster Hall
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Henry Smith Portrait Henry Smith
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The hon. Gentleman makes a good point. I spoke earlier about my political instincts, which may not be shared by everyone across the Floor. My instincts are that if an industry can self-regulate, it is probably preferable that it does so. He is right to mention the industry body called the British Parking Association, but from the research that I have done, it seems that it has failed to police its members and look after the consumer. It appears to be there to look after the interests of its members only. I certainly have yet to come across an instance—no doubt there are examples—where it has upheld a complaint by a motorist. Therefore, it seems that self-regulation is failing.

George Eustice Portrait George Eustice (Camborne and Redruth) (Con)
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My hon. Friend raises an incredibly important point, and we all have to deal with such issues. Rather than introducing a complicated system of licensing or a complaints ombudsman-type procedure, would it not be better just to have clear regulation, and expressly to limit the powers of the parking companies, perhaps by making it clear that they cannot levy fines greater than the prevailing fines of the local authority, and that fines should be waived if a ticket is produced retrospectively? That kind of clear regulation could be included in the Government’s current legislation on car-clamping.

Henry Smith Portrait Henry Smith
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My hon. Friend raises a good point. My instinct is not to increase regulation—I am a fan of increased local accountability and control. I am not claiming today to know the answer. One of the reasons why I asked for this discussion was to have an opportunity to explore how best to address the situation.

Personally, having researched the issue, I think that a local licensing function need not be a burden. Licensing committees often meet for only about 20 minutes at a time, and an extra item on the agenda every so often need not be a problem. As for additional expense, a simple fee for applying for a licence could cover it. However, I certainly would not oppose looking at legislation to set a maximum fine, or legislation similar to that which went through relatively recently to regulate local authority car parks and set clear standards for them. It would be worth considering extending such standards to private operators.

My concern about civil cases is that most people do not have the ability or resources to pursue them, and it seems that rogue car park operators rely on that. Frankly, they scare many people into paying the fine; they think, “I’ll pay the £70 because I just want the problem to go away.” It seems that that accounts for 90% of their business.

The suggestion has merit, and I would ask the Government to consider a broad range of options not only to clamp down on the clampers—no pun intended—as proposed, but to ensure that the other sharp practice of some private car park operators is brought to a halt, so that the industry can be respected again. There needs to be greater clarity between private car park providers and local authority car park providers.

Thank you, Mr Walker, for the opportunity to raise this issue. I am grateful for hon. Members’ contributions.