Local Authority Parking Enforcement

Jim Fitzpatrick Excerpts

Thursday 27th March 2014 Westminster Hall

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Rosindell, and to follow the distinguished Chair of the Select Committee on Transport, my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman), in raising the report with the Minister. I look forward to his comments and those of the shadow Minister, my hon. Friend the Member for Birmingham, Northfield (Richard Burden).

I am a relatively new member of the Transport Committee, which I assume is why the current membership list on the first page of the report states:

“Jim Fitzpatrick (labour, Poplar and Limehouse)”—

Labour with a small l—while every other member’s party is spelled with a capital letter. Perhaps that is a demarcation issue for the Stationery Office, but I take it as no slight. My contribution will be brief and may repeat some of the points made by my hon. Friend the Member for Liverpool, Riverside, because the Government’s response to our report, which they have been good enough to provide, leads to some questions.

My first point, already raised by my hon. Friend, is about the consultation that ran until 14 February, which is mentioned in the opening paragraphs of the Government’s response. How is that consultation going? When might we expect its findings to be published?

On recommendation 1, about pavement parking¸ the Government response states:

“In 2011 the Department for Transport gave all local authorities in England the authority to introduce local restrictions on pavement parking”.

How many local authorities acted on that advice? The Minister may not have that information, but given that the Government issue guidance and authority to local councils, it would be interesting to know how many took it seriously and responded locally.

The Government’s response to recommendation 2 states:

“The Government will consider the views of stakeholders and respond to the consultation in the first half of 2014.”

Is that on track? Given that we are now approaching April, can the Minister be more specific than “first half of 2014”?

In response to recommendation 3, the Government say that the Department for Transport

“intends to revise and update its statutory guidance to local authorities on parking enforcement.”

As my hon. Friend suggested, it would be interesting to know when the Government expect to be able to do that.

The Government responded to recommendation 5, about regimes, by saying:

“We agree that a roundtable discussion might be useful and DfT will talk to local authorities and the freight industry to see how this might be organised.”

Has a roundtable taken place? Will one take place? London had a positive experience during the Olympics, when so many deliveries were made out of hours. Local authorities introduced new procedures, such as adjusting vehicles to ensure that radios turn off when cab doors open and installing rubber wheels on delivery trolleys. Local authorities and businesses adopted all manner of simple but sensible arrangements, so that middle-of-the-night deliveries were almost silent. I recall that there were no complaints that the system did not work well, so there is room for optimism that such procedures could be adopted in other places with congestion.

Recommendation 6 asked that the Government

“provide greater clarity on the rules for loading and unloading”.

The Government said that they

“will review its guidance to local authorities and will update it as appropriate.”

Has that happened? Will that happen?

The Government’s response to recommendations 7, 10 and 13 are identical. In all three answers, they said that local authorities

“should collect and publish data”

and that the

“revised Code of Transparency for Local Government states that local authorities must”

publish data on revenue collected and parking enforcement fines. What discussions has the Minister had with the Secretary of State for Communities and Local Government, whose Parliamentary Private Secretary, the hon. Member for Lancaster and Fleetwood (Eric Ollerenshaw), is present and is taking a great interest in the debate? Has the Department for Transport met the Local Government Association? What progress has been made on the publishing of data? Are local authorities routinely publishing such data? Is the Department is happy with the progress of authorities that previously did not publish as much data, if any? It seems sensible that residents should be able to see, as my hon. Friend the Chair of the Transport Committee suggested, whether parking and enforcement fines are appropriate and are being used to pay for enforcement officers, CCTV cameras and appropriate road markings and signage. The publishing of such data provides an easy way for residents to be reassured that the balance is right. I am sure the Minister will have information on how well it is going.

In response to recommendation 12, the Government state:

“Consultation of draft regulations is programmed for spring 2014, to come into effect by March 2015.”

Is that on time? As a former Minister responsible for time at the Department of Trade and Industry, I know that time in the civil service lexicon is a vey flexible feast. I have told the story of when I had to sign off an answer to a parliamentary question asking, “When will this be done?” and the answer from the civil servant was “by autumn”, so I asked the civil servant, “What does autumn mean?” and I was told that autumn was 23 December, because that is when the autumn session of Parliament started. Most people would probably think that we were pretty much into winter by that time, so what does “spring” mean? Is that the Easter recess? Is it the Whitsun recess? Or is it the middle of July at the start of the summer recess? I suspect that it is probably the July date, which would give the Government more time—I am not quibbling about that—but it would be nice to know what spring means in this context.

My penultimate comment is on recommendation 17 and the point made by my hon. Friend the Member for Liverpool, Riverside about the general European-wide power. While the Government state that they remain

“open to considering a general European-wide power”,

they say later in the response:

“In March 2011 the Government announced that it would not opt in to a European Directive facilitating cross-border enforcement in the field of road safety.”

Many of us were unhappy about that at the time and still are. If the Government will not opt in to a directive on road safety, which most of us would deem far more important than parking—notwithstanding how important parking is to drivers across the country—it is disingenuous for them to say that they remain open to a joining a European-wide initiative. If the Government are not going to do that on road safety, surely the Minister can confirm that they will not do it on parking.

I am pleased to see the Minister and his shadow, my hon. Friend the Member for Birmingham, Northfield, in the Chamber today. I look forward to their comments.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

It is a great pleasure to serve under your chairmanship, Mr Rosindell.

I appreciate the work that has been done by the Select Committee in looking at the issue of parking and bringing forward its views, which the Government are considering along with other recommendations that have been brought to us. It is indeed an opportune time to discuss parking issues following the publication of this excellent report and also the Government’s consultation on parking, which concluded on 14 February.

Let me say straight away that we are currently considering over 800 responses to the consultation, and will be responding in full in due course. [Interruption.] I do not know whether, when the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) was in the Department, he had to respond to things in due course, but I reassure him that this matter is in my in-tray and I am giving it a great deal of attention. It has not been parked in the tray marked “too hard to attend to”.

[Jim Fitzpatrick]

The Minister knows that he is held in high regard by the Opposition, as he is by his Government colleagues. I wish him every success with his in-tray.

[Mr Goodwill]

I wonder whether the reason why, in the report, there was a small “l” for the party name after the hon. Gentleman’s name is that the word “labour” is used not only as the name of a party but as a reference to someone’s working very hard on a subject. That could well be the reason.

This debate is timely. It is not simply a case of responding to the consultation and considering all the points but ensuring that we have agreement across Departments and across the coalition, as different Ministers may have different priorities when they arrive in Departments.

We ask parking and traffic management to deliver a number of objectives in parallel, and managing those competing demands on our roads will never be simple. The UK has more motor vehicles per mile than France, Germany or even the densely populated Netherlands, and traffic on our roads is forecast to increase. That is why we are investing £24 billion in the strategic road network in this Parliament and the next, a tripling of previous investment levels seen in this country. By 2021, we will be spending £3 billion every year on improvements and maintenance, which is the most significant upgrade of our roads ever. It is also why parking and traffic management have a vital role to play. Effective management enables people, goods and services to get to where they are needed and is essential for a growing economy.

Over the past few years, we have seen major changes in how parking is enforced. More than 90% of local authorities have taken over the civil enforcement of their parking services. I wrote to the other 10% today suggesting, without wanting to impinge on their local decision-making processes, that they look closely at the advantages of opting for civil enforcement. It has improved compliance, reduced congestion, freed up the police and, most importantly, made our roads safer.

When effective parking management breaks down, as in Aberystwyth, and in Scarborough in my constituency, where a couple of enterprising former police officers, armed with tape measures and copies of the science manual, managed to delay the introduction of our civil enforcement, the result is chaos. That is not good news for motorists and certainly not for businesses because it causes real problems. We must keep a close eye on the matter. How parking is managed matters to us all at some level, and we must ensure that the basic rules and regulations help councils to deliver balanced and effective parking strategies.

We are here today to discuss the Transport Committee’s recent inquiry into local parking enforcement and the Government’s recent wide-ranging parking consultation, which invited views on many of the Committee’s main recommendations. Despite what some press reports have claimed, we have not already reached a decision on changes to Government policy following the consultation. I will look carefully at all the responses, and am very aware of the wide range of views among stakeholders about sensitive issues such as camera enforcement.

The Select Committee’s inquiry and our consultation were prompted by three big issues for parking and traffic management: first, the challenges facing our high streets; secondly, the potential for the deployment and use of new technologies to improve the use of our roads, recognising that, in some cases, they cause the public concern; and thirdly, the widespread belief among motorists that some councils seem to view parking enforcement primarily as an opportunity to raise revenue. I will say a few words on each of those issues.

Our high streets are essential to our national life. They bring people together and are at the heart of our daily life and economy. In London, more than half of the jobs in the capital are spread across just 600 high streets, and two thirds of Londoners live within a five-minute walk of their local high street. However, our high streets are going through long-term change. Those changes are significant and require communities to play an active role in shaping their high streets. There are far too many empty shops throughout the country. We have put in place a £1 billion package of support to help local people reinvigorate their high streets. Recent figures show that the number of empty shops on UK high streets fell in December 2013, which was the first time the rate has fallen below 14% since July 2010.

Ensuring that convenient and safe parking is available at reasonable cost is part of the answer and many areas need to improve. During her recent review, Mary Portas found that in many areas

“parking has been run-down, in an inconvenient place, and most significantly really expensive.”

The recent survey from the Association of Town and City Management and the British Parking Association found that some mid-range areas were charging 18% more for parking than larger and more popular retail locations. Indeed, many such locations have free parking. The question for local businesses and residents is: what more is needed to get the local council to improve parking provision in their area?

In the consultation, we suggested one way that could be achieved: by allowing local residents and firms to be able to petition the council to initiate a review of parking policy in their area. That might be a request for lower charges, for a review to see if additional spaces could be provided, or for better street lighting to improve safety.

The second issue is the potential for new technologies to help to manage our roads more effectively. The introduction of GPS-based systems, new sensor technologies and increasing integration with smart-phones can revolutionise parking. When I parked at York station this week, I used my phone and if my return is delayed, I can update my parking period using my phone without the anxiety of perhaps being fined for overstaying.

Better and more efficient parking services can be delivered in real time, bringing benefits to high streets and road users throughout the UK. However, the capabilities of new technologies bring with them an increased responsibility to ensure that parking is enforced fairly and proportionately. I firmly believe that most of those involved in the parking industry, from local authorities to private sector service providers, aim to do just that. However, the use of CCTV, in particular, causes public concern.

The Department’s guidance states that CCTV cameras should be used only where parking enforcement is difficult or sensitive, and enforcement by a civil enforcement officer is not practicable. Cameras can be more contentious than boots on the ground, and the Select Committee took evidence that resident permits and blue badges may not always be visible to cameras. The Committee reported that in some cases cameras are used routinely for on-street parking violations, despite my Department’s statutory guidance. Our consultation also asked about options to address those concerns, bearing in mind that, as the Committee pointed out, cameras can have a useful role in some circumstances, such as outside schools and in keeping bus lanes clear. We must look at the needs of all road users in the round and look for balanced solutions to the issues.

Finally, there is a real problem with the public’s view of local authorities’ approach to parking and traffic enforcement. The Select Committee said that there is a

“deeply rooted public perception that local authorities view parking enforcement as a cash cow”.

From 1997-98 to 2010-11, net surpluses from parking rose from £223 million to £512 million. Net income from local authority parking services is expected to rise from £601 million in 2012-13 to £635 million in 2013-14, an increase of 5.6%. That headline figure reflects parking charges as well as penalties, but I am determined that public confidence in enforcement should not be undermined. The Committee has identified the importance of the Government mandating the production of annual parking reports by local authorities, so the public fully understand the strategies, and where the money from parking goes. We have been very clear that the ring fence on surpluses will remain. Fines for those who break the rules will be used only to improve the roads or environment for those who play by the rules.

The Select Committee asked whether the current system is as fair as it can be for those who inadvertently make a mistake. First, it asked whether independent traffic adjudicators should be able to allow an appeal when they determine that a council has ignored statutory guidance. Secondly, it asked whether the current system acts as a disincentive for people to appeal. There is a legitimate concern that discounts on prompt payment following appeal would result in every charge being appealed so, following the Committee’s recommendation, we have asked whether the introduction of a 25% discount for motorists who pay within seven days of losing an appeal might be worth while. In addition, it might be worth considering whether discount for appeals that are lost could be allowed only if the appeal was made during the period for which the initial discount applied. We will consider that in more detail.

Thirdly, the Committee recommended that the statutory guidance should stipulate a grace period after the expiry of paid-for time. The British Parking Association’s response to the consultation states that in practice most local authorities do that already, so we are also considering whether mandating a grace period of perhaps five minutes after the end of paid-for parking might provide the public with reassurance that they will never be issued with a ticket just one minute after the meter runs out.

The hon. Member for Liverpool, Riverside (Mrs Ellman) made several points. She talked about the possibility of validating tickets so that someone who pays in a local authority car park can use that ticket to obtain a discount in a local shop, which would presumably be reimbursed by the local authority—or perhaps by the shop itself as part of a local discount scheme. That already works in some supermarkets to encourage customers only to use those supermarkets, but that is a matter for local councils, as is free parking for short periods at certain times, such as Christmas, which Scarborough borough council provides as a way of getting people into that excellent shopping location.

Are local authorities following the code of practice? If people appeal on the ground that the code of practice was not followed, the adjudicators will see that as important. They will often be sympathetic if people make honest mistakes.

The hon. Lady talked about the response to our consultations. I have some of the responses here. For example, the question was posed:

“Do you think motorists who lose an appeal at a parking tribunal should be offered a 25% discount for prompt payment?”

The overall response was: yes, 44%; no, 56%. However, among individuals, as opposed to organisations—I suspect that quite a lot of councils were among the organisations—54% favoured the rolling forward of the discount and 46% were against, while among organisations only 23% were in favour of rolling forward, while 77% were against. Therefore, even among individuals there was a mixed result.

We also posed the question:

“Do you think that authorities should be required by regulation to allow a grace period at the end of paid for parking?”

There again, the results were balanced. Overall, the response was exactly 50:50. Among individuals 51% were in favour and 49% were against, and among organisations 45% were in favour and 55% were against. The picture from the consultations is not clear on the rolling forward of the discount or the period of grace at the end of paid-for parking. As I have already said, however, many local authorities already have a grace period.

The hon. Lady also asked about pavement parking. We have given local authorities powers on pavement parking, but we do not collect statistics on how many authorities have used those powers. In London, of course, there is an enforceable general ban on parking on the pavement. On guidance issued to local authorities, we are considering the responses to the consultation and we will reply in due course.

On local authority transparency, the Department for Transport does not know whether all local authorities are fully transparent regarding their fine revenues, as that matter is reported to the Department for Communities and Local Government.

[Jim Fitzpatrick]

Before the Minister continues on transparency, he was answering the question on pavement parking that my hon. Friend the Member for Liverpool, Riverside and I raised. That is a huge issue for organisations such as Guide Dogs and Living Streets, which campaign for people with mobility difficulties. He said that he is waiting on the responses and on further consideration by his Department, but will he assure us that he will look carefully at that? As he said, in London the protocol is that such parking is forbidden unless specifically allowed, whereas elsewhere it is almost the reverse of that. Those campaigning organisations would rather see more emphasis on looking after people with disabilities and mobility difficulties than allowing a free-for-all.

[Mr Goodwill]

The hon. Gentleman is right. I am sure that, like me, he gets letters from constituents complaining about pavement parking. People are often surprised to discover that in many parts of the country such parking is perfectly legal. We have a similar problem with motorcycles in bus lanes, in that we do not have a consistent approach throughout the country.

There was also discussion about non-UK vehicles and whether we engage in cross-border agreements with other member states. We are talking not just about foreign vehicles breaking regulations in the UK, but British drivers caught contravening rules in other parts of the European Union. Although I am sure it would be popular in the UK to ensure that foreign vehicles fully comply with our rules, I suspect that we might see stories in the Sunday newspapers and some of the tabloid press about people being unfairly penalised for potential offences carried out in other parts of the EU where their ability to appeal might be restricted by language difficulties and so on. It does work both ways. Indeed, there is a system for the heavy goods vehicles levy whereby a deposit payment is taken in advance of a court case. In many cases, when the offence is admitted, the deposit is taken in default of the actual penalty.

The hon. Member for Poplar and Limehouse talked about fines and foreign-registered vehicles. As the law stands, parking companies and local authorities can and do use European debt collection agencies. We recognise, however, that that may not always be economically realistic and that sharing of vehicle-keeper information to pursue those debts is not currently covered by international treaties. Many member states have reservations about data sharing across borders and any proposal in that area would need to be carefully thought through.

In conclusion, I believe that the majority of local authorities and parking providers are doing very good work. The challenge now is to deliver equally high standards throughout the parking sector as a whole. That means preventing the examples of poor management or bad practice that are so prominent in the media.

As I mentioned, we have received more than 800 responses to the parking consultation. I have no illusions about just how important these issues are, and following those responses and our useful debate I will be looking carefully at the options going forward. Parking and traffic management is important to the public and to our communities, and it is vital to the health of our local economies.