Oral Answers to Questions

Debate between Guy Opperman and Diana Johnson

Monday 14th September 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman) [V]]

We are aware of a number of cases in which individuals have been underpaid category BL basic state pension. We corrected our records and reimbursed those affected as soon as the underpayments were identified, and we continue to check and remedy further cases that are identified.

[Dame Diana Johnson]

With up to 130,000 women potentially affected, and with many of those women who have already contacted the DWP having been told, wrongly, that they are not entitled to any additional money, will the Minister say what more he is going to do, in the light of the miscommunication that affected thousands of women represented by the Women Against State Pension Inequality campaign, to ensure that the women affected are contacted and given the correct information?

[Guy Opperman]

As the hon. Lady knows, I cannot comment on the live litigation in respect of the WASPI women, although I can say that at the first hearing before the judicial review, notification and communication were found for on behalf of the Government—this Government, the coalition Government and the Labour Government whom she served. In respect of category BL pensions, we are improving the training and the ability of the individuals who are handling the cases.

Protection of Freedoms Bill

Debate between Guy Opperman and Diana Johnson

Monday 10th October 2011 Commons Chamber

[Diana Johnson]

That is exactly right, and our new clause sets out clearly that anyone wishing to issue tickets should be a member of the British Parking Association or an accredited trade association, and should comply with the code of practice agreed with the DVLA on proper signage and a proper appeals system. We believe that that would solve the problem.

[Guy Opperman (Hexham) (Con)]

I was retained counsel by the Automobile Association in 2000, in the case of Vine v. London borough of Waltham Forest, so I come to this matter with a degree of experience. Subsection (1) of new clause 15 attempts to create a criminal offence in certain circumstances. Does the hon. Lady agree, however, that those circumstances are already covered by the measures in the Theft Act 1968 relating to obtaining property by deception, or by consumer protection legislation?

[Diana Johnson]

It is quite clear that consumer protection legislation has not worked in the motorist’s favour in the past. Creating a criminal offence, as the amendment would do, would send a clear signal about how serious the matter is and how people who are going to issue tickets should be properly regulated. I am not sure that I agree with the hon. Gentleman.

I want to move on to the RAC, which gave evidence that the provisions in the Bill would not create a landscape for parking in which the motorist could be guaranteed a fair deal from the parking industry. I know that the Government have made much of the fact that they are on the side of the motorist, but when motoring organisations and members of the industry itself are saying that the system being proposed in the legislation is unfair, the Government need to think again.

As drafted, the right to challenge a ticket is very limited. It would apply only to cases in which liability could be enforced against a keeper. That means that if a person did not pay up to the parking company, the company could go after the keeper of the vehicle, whose information is held by the DVLA. The protection offered is that only a member of an accredited trade association—currently the British Parking Association—will be allowed access to DVLA information. However, the Government state in the impact assessment that they expect 74% of penalty tickets to be paid up front at the time the ticket is issued, rising to 82% when keeper liability is added in. The expectation is that people will just pay up and will not have the opportunity to lodge any kind of appeal. There is no independent appeal procedure. We understand that, under the Government amendments, members of the British Parking Association must have an internal disputes procedure, but we say that is not good enough: it is not fair and not independent. It is widely perceived that it must be independent.

I mentioned the example of the company that Edmund King suggested made a lot of money out of ticketing. Will the Minister respond on the issue of road parking companies that are not members of the British Parking Association but are able to get information about a vehicle—for example, the address of a commercial vehicle on the side of a van parked in a private car park—or to gain access to lists of customers’ details in a private car park? In those circumstances, the ticketing organisation could pursue the keeper without having gone through the DVLA. As I understand it, that could be done perfectly legally, but it could be threatening if money is demanded quickly in order to avoid the bailiffs coming round.

Will the Minister talk more about contract law and consumer protection? She made much in Committee of the fact that consumer protection law was already in place, but we made the case that that did not provide adequate protection for motorists. Will she therefore comment on the Unfair Contract Terms Act 1977 and explain whether she feels it needs to be strengthened or whether further information needs to be given to the public about its provisions?

Let me make some specific points about the amendments in the group. New clause 15 would ensure that anyone issuing a penalty ticket must be registered with an accredited trade association, that all ticketers were currently members of the British Parking Association who must abide by the trade association’s code of practice, which is agreed, in turn, with the DVLA. The new clause also means that tickets placed on the vehicle or those issued later through the use of ANPR—automatic number plate recognition—would be subject to an independent appeals procedure. This would ensure that the maximum fines on private land are the same as for those on public roads and that the same terms and conditions, the same right of appeal and the same prompt payment discount would apply. This has widespread support. The RAC and the AA have recently conducted a populist poll of 12,000 people, of whom 98% thought that there should be some form of licensing for ticketers. That shows that there is clear and overwhelming public support for this new clause, so I hope the Minister will think again and support it.

Will the Minister clarify some points about the other amendments in the group? We welcome Government amendment 21, which came out of the evidence given to the Committee by Patrick Troy of the British Parking Association and Edmund King of the AA. The Opposition took the view that the drafting of the clause dealing with a fixed barrier was ambiguous. I am glad that the Government have recognised the issue raised by the Opposition and have sought to amend the provisions. I know, however, that the BPA still has some doubts about the new wording, as it fails specifically to mention wheel-clamping.

Government amendment 76 passes liability from the car hire company to the person who has hired the car where appropriate. Will the Minister comment on the fact that she is making it easier to transfer keeper liability in those circumstances? Has she given any thought to the circumstances where, for example, a motorist takes their car to a garage and the garage parks it on someone else’s private land? In that case, can the liability be passed back to the garage? As currently drafted, keeper liability means that the individual car owner would be liable as the keeper, even though the actions were carried out by the garage.

Amendments 39 to 54 are technical, but will the Minister explain why she wants to move from the term “relevant contract” to “relevant obligation” in the wording of the affected clauses?

--- Later in debate ---

[Guy Opperman]

Does the hon. Lady not accept that the Theft Act 1968, consumer protection legislation or, more particularly, the Fraud Act 2006 apply in exactly the same way as new clause 15?

[Diana Johnson]

Unfortunately, none of those Acts has ever been used to deal with wheel-clamping problems. I assume that the hon. Gentleman thinks that they could be used where people have obtained excessive amounts of money by wheel-clamping and immobilising a vehicle. However, our new clause has the support of the AA, the RAC and the British Parking Association. Furthermore, given the views expressed by 98% of the 12,000 people polled on this issue, I think that we are on the side of motorists and the British public, and I certainly wish to push the new clause to a vote.

Question put, That the clause be read a Second time.