DVLA and Private Car Parking Companies

Graham P Jones Excerpts

Tuesday 21st March 2017 Westminster Hall

[Graham Jones (Hyndburn) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Dorries. I am delighted to have the opportunity to speak, having received several heavy mailbags from constituents about private car parking companies in my area. I am grateful to the hon. Member for Torbay (Kevin Foster) for securing the debate and for all his work on the subject. He gave an excellent speech.

For too long, cowboy private car parking companies have operated with impunity. Many have reasonable practices, but a considerable number operate in a way that is not conducive to holiday resorts, as several hon. Members have said, or to town centres, as the hon. Member for East Renfrewshire (Kirsten Oswald) mentioned, and that is certainly not in the best interests of motorists or the community in general. Without any substantial legislation or regulation, those companies have been free—to be fair—to rip off car park users and charge bogus fees. In my view and that of the British public, it is time to act. The reality for far too many motorists up and down the country is that people are duped into false charges and harassed by firms that, as has been mentioned, somehow manage to get hold of personal information, whether through the DVLA or other sources.

A considerable number of constituents have written to me asking what can be done to tackle private parking companies, because they have found themselves powerless. Presented with a process that is not transparent but opaque, people have no clear way to resolve problems. I will draw attention to examples from my constituency before suggesting what to do to tackle the scourge. I, too, will name some of the companies involved, but that is because they have been named every week in the Accrington Observer and the Lancashire Telegraph, so I am not bringing anything new to the public that has not been said previously. I am repeating it for the benefit of the House and the Minister.

Eastgate is a big retail park in Accrington. Back in 2012 much anger and frustration was caused for hundreds—I mean hundreds—of people when its private car park operator, Excel, misled them about its parking charges. I recall having to deal with that as the local MP for week after week. Excel changed the three-hour parking limit to 90 minutes without any clear warnings. The firm announced its new policy on signs hidden behind trees on the edge of the car park. It then issued hundreds of fines to shoppers, with demands for immediate payment or even higher fines once they had understandably failed to spot the notices. Some disabled people were also caught out by the changes, and they threatened court action with the help of the National Motorists Action Group, which was very helpful—I would recommend the group to anyone fighting pernicious private parking companies which operate such voracious policies.

The National Motorists Action Group, the local councillor in charge Clare Pritchard and I had a running battle with Excel about changing its policy. The issue was a difficult one and it bounced around the press for weeks and weeks, before the company finally changed—in fact, Excel was fired by the management company. One of the complications was that the retail park owners had not only let some of the units on the site to businesses, but let the parking contract to a management company which had sublet it to the private car parking company.

After that battle, we ended up with Excel deciding that anyone who had not paid was to be let off—the fines were rescinded, and there was no need for people to pay—but it refused to give refunds to those who had done the right thing and paid the fine, even those who had been threatened multiple times. Excel got away with that. I ask the Minister, how can some people have their fines rescinded because they have not paid and others pay but never receive a refund? What does that say to the British public? That is totally unacceptable.

Another car parking company operates at the Accrington Arndale shopping centre. I receive dozens of complaints about some of its practices, with people being fined for whatever little reason, such as being even an inch over the line or five minutes past the time limit. I draw the Minister’s attention to that—surely under the Disability Discrimination Act 1995 and so on some latitude is allowed to some of our constituents in such a position—and to how the appeals process does and does not work. Going back to Excel, NMAG and a disabled constituent of mine had to go through the courts to seek redress, which is unacceptable.

Another cowboy private company has already been alluded to by Members, and a more recent issue is that of the new buttons on the machines in some car parks. I have had several complaints about a company operating such machines. For example, an elder constituent told me that he had been fined and he had lost his appeal. He is fortunate that he has an appeals process, although he did not win it. He is 81, I think, and he had to bend double to see the buttons. The screens and buttons are at a low height and, on a sunny day, he was unable to bend down sufficiently to enter the information accurately. He tried and, most of the time, succeeded, but on the occasion in question he put the wrong digit in. He explained that he had paid for his time in the car park—he had the ticket—but the company was not interested. He was forced to pay the fine.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

Is the hon. Gentleman aware that had the car parking operation been a public one, an honest mistake would have been a complete defence? That has been established at the High Court in relation to the congestion charge.

[Graham Jones]

I appreciate that valid point. We are talking about private car parking companies in private car parks, and not about statutory or public car parks, which are not part of the debate. We are talking about the practices of some companies outside any firm regulations or guidelines. I will address the point about that difference in a minute.

One lady could not buy a ticket from the machine at that car park because it was broken. She still ended up with a fine, even though she left a note on her windscreen to say that the machine was broken. The company has been mentioned already, so I will do so again—I have no shame in naming such companies, because they need to be shamed. ParkingEye was also mentioned by the hon. Member for St Austell and Newquay (Steve Double), and it operates that particular car park on the edge of my constituency. I find that practice abominable. She put a note on her windscreen, which should be sufficient if the machine is broken. That £1 parking charge quickly became £100 because of the firm’s own administrative incompetence and failure to fix the machine.

As I say, other constituents have come to see me about that particular car park. One was an elderly gentleman who could not bend down to see the screen and, on one occasion, entered a wrong digit. Giving a fine for that is totally and utterly unacceptable. Members on both sides of the Chamber who have spoken, and probably all Members of the House, are well aware of such scandals in their constituencies. This issue is not unique to my constituency or coastal constituencies—it seems to happen in all our constituencies all the time, up and down the country.

Although private car parking companies were barred from wheel clamping by legislation, they seem, as other Members have intimated, to be in the game of trying to find new ways to extract money from motorists, perhaps to make up for some of their old practices having been barred. One gripe that all Members have mentioned is that, under the Road Vehicles (Registration and Licensing) Regulations 2002, the DVLA provides information to those car parking companies. Actually, I believe that they can purchase it—according to NMAG, the DVLA sells information, which is worrying. That practice should end, and there should be better regulation. Those companies access that information and then pursue motorists. I am deeply concerned about that relationship, and the Minister ought to look at it, because it is not right.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

The hon. Gentleman is making some good points. Citizens Advice Scotland highlighted in its briefing on this subject that many companies still issue tickets whose appearance mimics those issued by the police or the local authority, have difficult-to-read signage in their car parks and, at times, charge fees of more than £500. Does he agree that it is time that the British Parking Association and the International Parking Community strengthen and properly enforce their supposedly strict codes of practice, or ensure that rogue companies lose their right to the release of vehicle owner information?

[Graham Jones]

I was going to come to the two parking organisations that the hon. Lady mentions, which seem to have no transparent processes. One of them—I think it is the BPA—has a very opaque appeals process, if it has one at all. Not every private car parking company is actually affiliated or associated with either of those organisations.

Passing off is a massive issue. People turn up at car parks run by private companies to see a yellow and black zig-zag all the way around a cellophane or plastic envelope stuck to their windscreen that is simply passing off as a statutory notice. It is not a statutory notice, and it is not a fine—it is a charge. There is no clear distinction. The Minister ought to look at that, because those little yellow and black bags that appear on people’s cars intimidate them and do not give them the necessary legal information.

[Kirsten Oswald]

The hon. Gentleman makes a crucial point. Does he agree that the Minister should also tell us when we will see proposals to stop companies continuing to receive personal data from the DVLA when they have a track record of abusing it by sending out legally incompetent frighteners to people and charging inflated fees for overstaying?

[Graham Jones]

I was going to say that the third point raised by the hon. Member for Edinburgh North and Leith (Deidre Brock) was inflated fines. I said that, in one case, a fine had gone from £1 to £100. I hear that fines go even further in other constituencies. That is totally unacceptable. I return to the point that there is a lack of regulation in this field. There is no transparency—there is opaqueness. It is the wild west, and there are real concerns—first about passing off, secondly about the process when people are fined, and thirdly about the DVLA’s relationship with private parking companies. The Minister ought to reflect on Members’ concerns. I am sure that if I asked the 635 or so Members who are not in the Chamber—I do not know how many are here—they would agree. It is time for the Government to act.

[Mr Bailey]

Does my hon. Friend agree that something else that needs to be looked at—I believe that this is actually illegal, but it is commonly exercised—is the threats that these companies send to people subsequently, either through debt collection agencies or by putting notices on their credit ratings? By so doing, they undermine people’s credit ratings and convey to them the belief that they will have financial penalties in the future.

[Graham Jones]

My hon. Friend makes a good point. When I said that the process is not clear, I meant the process all the way down the line, from passing off and someone picking up a fine to that person opening their fine and then quickly—after a fortnight, not a month—getting a doubled demand or losing their discount. That process is threatening, intimidating and misleading, and the appeals process is not transparent. If someone contests a charge or has been away on holiday for a fortnight or three weeks, before they know it, the charge is higher, and it escalates from there. These are charges and they are contestable, but if people contest them or simply do not pay them, as they are encouraged to do by some organisations because of the issues around some of these ticketing practices, they escalate, which frightens some of our older constituents. They get worried about it. They see some of these charges—£500 has been mentioned, and I mentioned £100 in my constituency—and get very frightened by them.

[Nadine Dorries (in the Chair)]

Order. Mr Jones, may I just say that two other people are waiting to speak, and we will not be able to get them in if you do not wind up soon?

[Graham Jones]

Okay. In summary, I ask the Minister to look at the three points that I have raised. He must take this issue seriously. The British people want something to be done about it.