Parking (Code of Practice) Bill

Lord Kennedy of Southwark Excerpts

2nd reading (Hansard): House of Lords
Friday 18th January 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I am delighted to give the Bill my full support. Car ownership, parking, the charges associated with parking, disputes over charges and appeals can cause considerable disagreement, as we have heard. To put it mildly, people can get very angry about these issues, as the noble Baroness, Lady Thornhill, said. The noble Lord, Lord Hunt of Wirral, set out the problems that some motorists have had to contend with in dealing with those who operate poorly in the industry. I also endorse the comments made by the noble Baroness about the abuse directed at parking officials, which is totally unacceptable. They are doing their job; she is absolutely right that certain elements really wind that sort of thing up. I very much support her comments on that. The noble Viscount, Lord Goschen, was absolutely right to comment on how some of the worst elements in the private industry are ripping people off. I fully endorse his comments, and that is why the Bill is so welcome.

We need a system that is clear, consistent and deals with people fairly. What we all want to see is fairness. As we have heard, the situation at present is not as good as it could be. Many people in the industry operate perfectly fairly and do their job properly, but of course, as always, there are those who do not. Where people have not paid their parking charges, the owners of private car parks need their details and so they need access to the DVLA database. To do that, they must be members of one of two accredited trade associations. As we have heard, both trade associations have codes of practice, but they have different terms, standards and appeal mechanisms, and it is confusing to say the least. That is not a good place for us to be. The confusion and inconsistency have led to different standards and things not being right, so we need to get this right.

I strongly support the comments of the noble Lord, Lord Kirkhope of Harrogate. He said that when drivers enter a car park they should be clear about the contract they are entering into and that the terms should be absolutely transparent. If they do not like them, they should be able to leave quickly. The Bill is welcome in dealing with the inconsistency and confusion by creating a single code of practice which would apply to all operators and seek to deliver best practice. That is good for car park operators and, more importantly, it is good for motorists.

Proper consultation with car park operators, the trade associations and other relevant organisations must happen before the code is produced. I am sure that will happen. It should then be laid before Parliament before coming into force. I am also pleased to see that the Bill allows for the code to be regularly reviewed because practices change over time. It is only right that we should be able to get the code looked at quickly and amended as necessary. It is also right that the Bill provides for the ability to levy the accredited associations in order to pay for the cost of the scheme, as is the ability for a single independent person to be authorised by the code to deal with appeals brought against parking charges and to be able to charge fees to persons operating private parking facilities. It would be very good to get that consistency in place.

It has been an extraordinary week in Parliament to say the least, so I will not detain the House for much longer. I am delighted to learn that the Bill has the support of the British Parking Association, the RAC Foundation and others in the industry. I look forward to it making swift progress through your Lordships’ House. In order for that to happen, I do not intend to table any amendments and I hope that no other noble Lord will do so. That is because a well-meaning amendment which would make the Bill even better than it is now would risk, at this late stage of this Session of Parliament, wrecking the entire Bill and it falling. We do not want that to happen. It is important, no matter how tempted we are, that we do not table any amendments. We must leave the Bill as it is so that it can move swiftly through the House.

I put on record my thanks to the noble Lord, Lord Hunt of Wirral, for taking the Bill through the Lords. I also offer my thanks to the right honourable Sir Greg Knight MP, who first brought the legislation forward in the other place. I very much endorse the comments made by the noble Lord, Lord Hunt, about the Member for East Yorkshire. As I said at the start of my contribution, the Bill has my full support. I look forward to seeing its swift passage through the House and it becoming an Act of Parliament shortly.