Parking (Code of Practice) Bill

Kevin Brennan Excerpts

2nd reading: House of Commons
Friday 2nd February 2018 Commons Chamber

[Sir Greg Knight (East Yorkshire) (Con)]

I beg to move, That the Bill be now read a Second time.

Parking is an indispensable part of motoring. If you arrive by a car, you need to park it. Our high streets, in-town businesses, many other facilities and even some housing units are all only reachable, useable or viable through the use of local parking facilities.

According to the Driver and Vehicle Licensing Agency, there are 38 million vehicles on our roads. Of those, probably some 19 million—about half—will drive and then undertake at least one parking transaction each and every day. The number of tickets issued every year from private car parks is near to 5 million, so it is clear that the majority of vehicle owners do not have an issue involving parking fines.

However, it is important that those parking on private land who receive a private parking notice are treated fairly and consistently. Motorists should have the certainty that when they enter a car park on private land, they are entering into a contract that is reasonable, transparent and involves a consistent process. Poor signage, unreasonable terms, exorbitant fines, aggressive demands for payment and an opaque appeals process, together with some motorists being hit with a fine for just driving in and out of a car park without stopping, have no place in 21st-century Britain.

[Kevin Brennan (Cardiff West) (Lab)]

rose—

[Sir Greg Knight]

I give way to the hon. Gentleman, whom I regard as an hon. Friend.

[Kevin Brennan]

I am grateful to the right hon. Gentleman for giving way. We usually co-operate musically, rather than politically, but in this case I am happy to co-sponsor his Bill. Does he agree that the statutory code of practice he proposes ought to take into account the poor response by parking companies to inquiries from our constituents and from us as MPs? I wrote to New Generation Parking Management in September last year about my constituent Ann Martin-Jones and had no reply. I wrote again in January this year and had no reply whatsoever from that company. Does that not show that some of the companies in this industry are cowboy companies?

[Sir Greg Knight]

It is only common courtesy in business to respond to correspondence. I expect the code of practice to have a requirement that where someone challenges a parking notice, whether it be the car owner, the car owner’s solicitor or the car owner’s MP, the parking company is obliged to respond, and within a reasonable time—I would say 14 days.

--- Later in debate ---

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I rise to support this Bill wholeheartedly, because it deals with an issue that hugely affects my constituency. I have come across examples of all the problems that the right hon. Member for East Yorkshire (Sir Greg Knight) has mentioned. It is a particular challenge in my area of Cardiff—I know that it is also a problem in the constituency of my hon. Friend the Member for Cardiff West (Kevin Brennan)—because of the density of accommodation in the Cardiff bay area. In Butetown and Grangetown, we have a lot of high-rise apartment blocks; I think there are about 15,000 such units in the bay area. With that come pressures on parking and lots of private parking facilities.

Everybody agrees that we want to prevent people from misusing other people’s parking spaces. People who come to enjoy the Wales Millennium Centre or other entertainments in Cardiff bay need to be able to use the public parking lots in the area, so that they do not block up residential areas. On the other hand, when rogue parking companies are doing all the things that the right hon. Gentleman has set out, it is clear that there is a fundamental problem that we need to address.

I will remark briefly on a couple of issues; I am keen for us to get on to the third private Member’s Bill, which concerns the taxi trade. I want to point out several companies with which I have had particular problems, and against which I have had to advocate on behalf of constituents: Link Parking, New Generation Parking, UK Parking Control and ParkingEye. I also want to highlight the firms of solicitors that work with those companies. We might refer to such firms as “roboclaims” firms, and they often have a close and cosy relationship with the parking companies.

[Kevin Brennan]

I referred to New Generation Parking in my earlier intervention. Has my hon. Friend had better success than I have at getting the firm to respond to correspondence?

[Stephen Doughty]

I have experienced on many occasions exactly the frustration that my hon. Friend describes. My constituents and I have tried to contact the company by phone, in writing and via email. We have succeeded in getting several cases overturned, but it is absurd that someone should have to go to their Member of Parliament to overturn a parking ticket that has been issued in very unreasonable circumstances. Our constituents should be able to resolve such things easily with the companies concerned, rather than getting into the chain of events that many people find themselves in.

In some cases, information has been wrongly obtained from the DVLA and documents have been sent to the wrong address or to an old address. People are then served with a series of demands, solicitors’ letters and bailiffs’ letters. I regret to say that many of my constituents have ended up with county court judgments, which do huge damage to their credit rating and their ability to get mortgages. Some people have even ended up on “Can’t Pay? We’ll take it away!” over a tiny parking fine, which may even have been for parking in their own parking space. That simply cannot be right.

Gladstones Solicitors of Knutsford is involved in many such cases—to be clear, I am talking about the firm in Knutsford; there are other firms of solicitors that use the same name—as is BW Legal. I have been involved in a lengthy case concerning a constituent. This week, I raised concerns about such firms with the Solicitors Regulation Authority, and I am hopeful that it will take a close look at the matter and consider whether the firms are complying with the regulatory environment for solicitors, and with best practice.

[Kevin Brennan]

Does my hon. Friend acknowledge that public authorities have a responsibility not to engage private parking companies that act irresponsibly? In my constituency, I have had dozens of complaints about ParkingEye, which is engaged by a local hospital —very unusually for Wales—to undertake their paid car parking.

[Stephen Doughty]

I completely agree; I have had problems with ParkingEye too. This is not just about public authorities, but freeholders of large blocks of apartments, lettings companies, and those doing short lets—all the people who are involved in letting out, for long or short periods, properties with parking spaces attached. They must make sure that they do not do so, for example, one day before a change of parking arrangements and they must also make sure that a person who changes their car can easily get a new permit and not run the risk of getting a massive fine while they are waiting for their new car to be registered. The process for motorists should be simple and straightforward.

I want to deal with one more area, because it relates to the next Bill that will be debated today. I have seen harassment of taxi drivers in my constituency, for example, when they operate around some major retail areas and are waiting to pick up elderly or vulnerable customers, who want to get back home with their shopping from places such as Asda in Cardiff bay. The drivers suddenly find themselves caught with massive fines for driving in and out of a car park—this has happened on a number of occasions—to pick up people doing their shopping. Sometimes they have been harassed by staff who are employed by these companies. A number of drivers have come to me with video evidence of harassment from staff involved with these rogue parking companies.

Fundamentally, this comes down to common sense, justice and reasonableness. When things end up in court, it is an absurd situation. Roboclaims companies, which are making a massive mint off this industry, can issue a summons for just £30, and yet a defendant can sometimes have to pay as much as eight times that to defend the case, as well as having to deal with the time, emotion and everything that comes with that process.

I wholeheartedly support the Bill proposed by the right hon. Member for East Yorkshire and very much hope it gets Royal Assent. We need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with it, and I wholeheartedly support the Bill.

--- Later in debate ---

[Pete Wishart (Perth and North Perthshire) (SNP)]

I wholeheartedly congratulate the right hon. Member for East Yorkshire (Sir Greg Knight), my partner in crimes against music. I see that the hon. Member for Cardiff West (Kevin Brennan) is present as well. I was wondering what song we might be able to cover to celebrate the Second Reading of the right hon. Gentleman’s Bill, and I thought that perhaps it would be the Beatles classic “Drive My Car”—“Baby, you can park my car”.

[Kevin Brennan]

Surely it should be Joni Mitchell’s “Big Yellow Taxi”, which contains the words “They paved paradise and put up a parking lot”.

[Sir Greg Knight]

May I take up this theme? The Bill is really saying to cowboy operators, “‘Get Back’. You will no longer have a ‘Ticket to Ride’. And if you do not follow the statutory code of practice, it will be a case, for your business, of ‘Hello, Goodbye.’”