Oral Answers to Questions

Nigel Evans Excerpts

Thursday 30th June 2016 Commons Chamber

[Mr Goodwill]

I, for one, am pleased that we do not have border checks at Berwick-upon-Tweed when I travel north. The hon. Lady should more reasonably put that question to the Home Office, which deals with such matters. As the Minister with responsibility for aviation, I am aware of the whole airport experience, and long queues at immigration are not good for the experience of people who come to our country.

[Mr Nigel Evans (Ribble Valley) (Con)]

8. What plans he has to expand airport capacity.

[Valerie Vaz (Walsall South) (Lab)]

10. When he plans to make a decision on the construction of an additional runway in south-east England.

[The Secretary of State for Transport (Mr Patrick McLoughlin)]

I had hoped that we would be able to announce a decision on airport capacity this summer. Clearly, any announcement on airport capacity would have to be made when the House was in session. Being realistic, given recent events, I cannot now foresee that there will be an announcement until at least October. We aim to publish the further analysis on air quality soon. Separately, promoters have announced undertakings that would increase the compensation available for residents living near the airports and the connectivity between other UK airports. The Government are fully committed to delivering the important infrastructure projects that they have set out, including the delivery of runway capacity on the timetable set out by the Davies report.

[Mr Evans]

It is another boring day at Westminster, and I was rather hoping that the Secretary of State might inject some excitement into it for me. Nobody can accuse him of rushing this decision. Post-Brexit, with a number of countries banging on the door of the UK to do trade deals, does he agree that increasing airport capacity at London City, London Heathrow and London Gatwick will be vital to British businesses throughout the UK?

[Mr McLoughlin]

I would have liked to be in the position of asking the House to make a decision, and endorsing a decision. We are not going to be in that position, and we have to be realistic. My hon. Friend may regard it as a boring day in the House of Commons, but it is certainly not a boring day in Westminster.

Southeastern Train Services

Nigel Evans Excerpts

Wednesday 2nd March 2016 Westminster Hall

[Clive Efford]

I wish the hon. Gentleman luck in pursuing his scheme; I have got my own, which I will come to shortly. I have to say, Transport for London cannot be worse than Southeastern. It has had a positive impact when it has taken over other lines in similar circumstances, so hopefully it can achieve what Network Rail and Southeastern have failed to achieve in south-east London. Key bottlenecks such as Lewisham have to be overcome to achieve some of the things that Transport for London is talking about. I remain sceptical about whether it can achieve everything it says it can, but I am prepared to run with it and to be a critical friend, guiding it along the path of improving our train services in south-east London.

We need to hold people to account for what the figures demonstrate is consistent failure. The Minister did take action last Christmas when the service was appalling and there was a dangerous number of passengers on the concourse at London Bridge, but we must do more. To quote the Minister back at herself, on 28 January she admitted to the hon. Member for Bromley and Chislehurst (Robert Neill) that

“Southeastern was not at the top of the list for overall satisfaction. It is not quite at the bottom, but it is not at the top either.”—[Official Report, 28 January 2016; Vol. 605, c. 526.]

It was actually second from bottom and it has been so consistently. The Minister was reluctant to call it how it is, but we do our constituents a disservice when we do not do that. We really need to call it how it is to hold these people to account.

One concern I have about accountability is that the penalties that the franchise operators are required to pay the Government if they fail in their obligations are shrouded in commercial confidentiality, as are the payments made if they overperform. I would like to see some examples of overperformance—it would cheer me up no end. Why is that shrouded in secrecy? It is public money and a public service, so there should be public accountability. The Government should be proud to say, “We have penalised this franchise” when it fails our constituents. They should say, “Yes, we have made them pay a price and forced them to reinvest this money in this way to address this failure.” We should not say to the companies, “You can come and run a public service. You can hide behind commercial confidentiality and not let people know the price being paid.” All too often we see these people paying themselves huge bonuses in public services after such failures and that is not acceptable.

I want the Minister to ensure that we can see how the companies are being penalised for failures, because of the effect of those failures on people’s lives. They are late for work, late for job interviews, late getting a connecting train. We have all travelled on these train services that get stuck, and we have heard people’s life stories on their mobile phones as they go into meltdown around us because of delays. It is not right that the companies are not held publicly accountable when their failure is on such a scale.

Given the scale of the problem, the compensation scheme seems to be underused by passengers. Something needs to be done about that, because if we can make compensation easily accessible the companies might start to consider the standard of their performance a little better. People are eligible for compensation after their train is delayed for 30 minutes. The compensation scale goes up to a 100% refund for 60-minute delays, but according to the Library’s document no figures are available for take-up. I suggest that take-up is extremely low. The Office of Rail and Road found that just 11% of passengers surveyed nationally always or usually claimed compensation when they were entitled to it; 15% said they rarely claimed; and 68% said that they never complained.

We clearly need to do more to encourage passengers to come forward. Rather than come to their Member of Parliament, because they see us as the only outlet to vent their spleen, perhaps they could by right claim their compensation and make their voices heard directly with the franchise operators. Which? is running a campaign to make rail refunds easier that calls for

“clear information on how to get a refund for rail delays…all train companies offering cash as the first option”

and for train companies

“to be held to account if they fail to encourage passengers to claim refunds.”

I commend that campaign to the Minister and urge her to support it.

The Minister said on 28 January:

“We effectively now have rail fares going up at the lowest level”.—[Official Report, 28 January 2016; Vol. 605, c. 526.]

Is that absolutely correct? I have figures that say an annual season ticket from Eltham to central London has gone up by £328 a year—33%—since 2010. I do not think my constituents would say fares have been going up at the lowest level. Would the Minister care to comment on that? I do not think it is true. People are being forced to pay more for a service that clearly is not up to the standard they have a right to expect.

I know that an announcement is pending about increased capacity on our rail services—12-car trains. I have been campaigning on that for 15 years and been fobbed off with “The electricity supply isn’t up to it. The platforms aren’t long enough. We have terrible bottlenecks at Lewisham and London Bridge. Twelve-car trains are such a drag,” and all the rest of it. The fact is that in south-east London we do not have direct access to the London underground. Most of our journeys are like the spokes of a wheel, going in to central London and the main terminals at London Bridge, Charing Cross, Waterloo and others. Our constituents rely heavily on those services and have few alternatives. Buses do not really provide an alternative for journeys of that length, nor do buses have the capacity for the number of people who want to make those journeys. There is a transport deficit in south-east London.

We constantly hear from the people at Transport for London about how much TfL must invest in the London underground and how important it is to increase capacity, and I get that. I understand how vital it is to London. However, TfL is even calling the new underground line going through New Cross the orbital route; that is how far TfL thinks London goes out—as far as New Cross. People outside its orbit are Pluto, or something. Because we do not have direct access to alternatives, our rail services are vital.

For too long people have been crammed on to overcrowded carriages, particularly at peak times. This morning, for example, I was waiting at the station at 7.35 at Eltham. The Victoria train came in and it was six carriages long, at peak time. It is not acceptable. The train that I caught to Charing Cross was eight carriages long. At those times of the day they should be 12-car trains. Trains are packed by the time they get to places such as Eltham, Kidbrooke and Blackheath; anyone getting on at Lewisham needs a crowbar. It is not acceptable. We have got to have increased capacity on our rail services.

TfL is very keen to take over the service and it would have my blessing, but as I said, I will be a critical friend. If it is going to increase the frequency of trains on the service it will have to deal with the signalling system. It is no good putting more frequent trains through with fewer carriages; we need more capacity. I will support TfL’s bid for the metro services on Southeastern, but we need to ensure that the Government and MPs scrutinise what it says about what it will deliver. We need to improve the service and increase its capacity significantly.

The landslide caused me great concern. I thought, “What if it had happened as a train was going by?” which was highly likely, because the vibration of a train could have exacerbated the situation and brought a landslide down. Some infrastructure was involved, so I want to know if a proper survey of the infrastructure has been done. As I said, more than 70% of the delays have been due to signals and infrastructure under the control of Network Rail. Does it survey the infrastructure to the point at which it identifies likely problems and puts them right, so that they do not become constant nagging problems and a cause of future delays? It seems that the system is creaking at the seams. Is Network Rail on top of that? I would like the Minister’s assurance that she is on top of Network Rail, and that she will ensure it tries to drive out the gremlins that cause all the problems for Southeastern and our constituents.

As I have mentioned, I want the penalties and rewards for train operating companies’ performance to be published and the people concerned held to account. I would like the Minister to put pressure on the transport operating companies to make people aware of compensation schemes. Above all I want the Government and TfL to recognise that south-east London has a transport deficit, which cannot continue to be ignored when the future expansion of rail services, including such things as the underground and the docklands light railway, is considered. The situation in south-east London is unacceptable. I look forward to hearing what the Minister intends to do about it.

Several Hon. Members rose—

[Mr Nigel Evans (in the Chair)]

Order. As we can see, seven hon. Members want to speak. I will start the winding up speeches at 10.38, which gives 10 minutes each, plus two minutes for Mr Efford to wind up. Please do the maths, but I think we are looking at perhaps just under five minutes each.

--- Later in debate ---

[Kelly Tolhurst (Rochester and Strood) (Con)]

It is a pleasure to serve under your chairmanship, Mr Evans. I thank the hon. Member for Eltham (Clive Efford) for securing this debate. I know how important the train service is for his constituents. It is also important for my constituents, who live only 26 miles from London. Since being elected to the House, I have had to commute to London for the first time in 15 years. Hon. Members will have heard me say that I do not see an improvement in the delays to the service. It has been an eye-opening to see what my constituents face daily.

In Rochester, we have been lucky to have the wonderful investment of a £20-million station. It was much needed and long anticipated, and we are grateful for it. Sadly, however, the shine has been taken of it because since it opened in December, train users have seen the service decline rapidly, with delays, cancelled trains and lack of communication. One reason why my constituents were so excited about the new station was the hope of more train services, using the longer platforms and the potential for increased capacity. Sadly, that has been completely overshadowed by the events since Christmas.

People were hoping that the new station and the longer platforms would enable longer trains to be run, so that they could have seats on the train in the morning—like people in Eltham, my constituents in Rochester struggle with capacity. In north Kent, particularly the Medway towns, we are being expected to deliver high housing numbers over the next 15 years. In Medway we are looking at a 30,000 increase in 15 to 20 years. Southeastern agrees that it has had a 40% increase in capacity and use of its services. My plea for the future is about how we will tackle the growth in the south-east. The reality is that Kent and south London are extremely important in providing a workforce in the City of London and Greater London. How can we deliver that and keep up with the demand?

The hon. Member for Erith and Thamesmead (Teresa Pearce) referred to the A2, which is another significant issue in my constituency. It is true that people are getting in their cars to come to London rather than using the trains. Frankly, my constituents deserve a hell of a lot more. I need to get to London on time, as do my constituents, but we also need to get home on time. I support what my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) said about the quality of people’s lives. People who work in London accept that they may be travelling for one or two hours to get to work, but they want to be able to get home, live their life, spend time with their children and do things other than work. Unfortunately, the service that Southeastern provides does not allow my constituents to have that extra time. I live only 26 miles from London and people further down the line in Kent will be experiencing even more challenging limits on their time.

I welcome this debate and want to hear from the Minister what plans there are for coping with demand and the increasing need for more capacity and longer trains. We want to know whether Southeastern will get its act together once and for all, so that we have a better spring and summer on the train service.

Several Hon. Members rose—

[Mr Nigel Evans (in the Chair)]

Order. Clive Efford is forgoing his wind-up, so the Front-Bench winding-up speeches will start at 10.40. Two Members are trying to catch my eye, and perhaps they will divide the time between themselves.

Oral Answers to Questions

Nigel Evans Excerpts

Thursday 10th December 2015 Commons Chamber

[Mr McLoughlin]

HS2 has been very effective in doing a number of presentations to businesses, right across the country, on the opportunities that will arise from one of the biggest construction projects the country has seen. I hope all companies, be they in England, Scotland, Wales or Northern Ireland, have the opportunity to apply for some of those jobs and contracts. There is no doubt that the first stretch of HS2 phase 1 will bring reduced journey times to Scotland. The announcements I made last week will add to that.

[Mr Nigel Evans (Ribble Valley) (Con)]

As the wonderful people of Scotland eagerly anticipate the announcement on the high-speed rail network, they will become ever more reliant on air travel. Clearly, there are slot restriction problems between Scottish airports and London. Does the Secretary of State anticipate making an announcement soon about airport capacity in the south-east?

[Mr Speaker]

An ingenious but unsuccessful attempt, I am afraid, if Members look at the terms of the question on the Order Paper.

Oral Answers to Questions

Nigel Evans Excerpts

Thursday 16th July 2015 Commons Chamber

[Mr Goodwill]

I had an informal meeting with the Prime Minister immediately after the meeting the hon. Lady mentions, and we discussed what measures can be put in place to try and improve the safety of cyclists, such as looking at how junctions can be redesigned. We are proud of our record so far on investment in cycling, and we would like to see more cities taking up the option of becoming a cycling city and reaching the £10 per head funding which the existing cycle cities have achieved.

[Mr Nigel Evans (Ribble Valley) (Con)]

The Secretary of State has just said that potholes are a nuisance and a menace, but they are incredibly dangerous as well, particularly for cyclists. Can he encourage local authorities to use the money that has now been provided to act urgently to repair potholes?

[Mr McLoughlin]

Yes, I would urge local authorities to act urgently. We have set a budget for local authorities for the next five years so that they can plan their maintenance to get the best service for their constituents and the road user, be it cyclist or motorist.

Davies Commission Report

Nigel Evans Excerpts

Wednesday 1st July 2015 Commons Chamber

[Mr McLoughlin]

The hon. Gentleman points out that this is a matter of connectivity from London not just to other parts of the world, but to other parts of the United Kingdom. I accept the importance of Heathrow and those services to and from Belfast.

[Mr Nigel Evans (Ribble Valley) (Con)]

I do not want the Secretary of State for Transport to prejudge the commission’s report—I just want him to get on with it. He said he hopes for some consensus. I hate to break the bad news to him: it is simply not going to happen. Many businesses in Ribble Valley use Manchester airport and will be grateful for what he has said about it, but a lot of them connect to London and flights to about 40 new destinations will be available once airport capacity is expanded. Please will he—gently—get on with it?

[Mr McLoughlin]

My hon. Friend started by saying that he will not ask me to prejudge but urged me to make a decision here at the Dispatch Box. The answer to the first part of his question is no, I will not do that. The answer to the second part of his question, which relates to the importance of connectivity and Manchester airport, is that I accept it.

Oral Answers to Questions

Nigel Evans Excerpts

Thursday 11th June 2015 Commons Chamber

[Andrew Jones]

We have already announced a very generous scheme. This year, a needs-based formula is allocating £901 million across England, of which the hon. Lady’s council has already received more than £2.4 million.

[Mr Nigel Evans (Ribble Valley) (Con)]

Potholing has taken on a new meaning in the Ribble Valley and, quite frankly, it is dangerous when done in a car, on a bicycle or on a motorbike. The Minister mentions the £15 billion going into the road investment strategy. Cannot some of that money now be diverted, not into new roads but into existing roads to ensure that the potholes are filled once and for all?

[Andrew Jones]

My right hon. Friend the Secretary of State announced in December a fund of almost £6 billion to take us up to 2021, running at £976 million per annum, to support local highway authorities with their highway maintenance. I am sure the feedback that I suspect we all receive from our constituents will be supportive of that.

Car Parking (Private Land)

Nigel Evans Excerpts

Monday 16th March 2015 Commons Chamber

[Mr Nigel Evans (Ribble Valley) (Con)]

A growing problem has resulted from operators of private car parks deciding that a lucrative income stream is to be had by clobbering motorists who use their car parks but, for whatever reason, overstay the period they paid for. As an MP, I have received several letters from constituents who see the practice as totally unfair and wildly disproportionate to the fee paid for parking.

Just a glance at the fee versus the fine will demonstrate that admirably. In 1817, a Bedfordshire man received the death penalty for stealing a sheep; the sentence was commuted to life transportation. One might think that that was somewhat harsh for the crime that was committed. That disproportionate penalty no longer exists, but if one is looking for a new fine that is as disproportionate to the misdemeanour, if I can call it that, one can see that the car park cowboys fill the role admirably and with a zealotry and passion that would normally make their mothers proud—although not in this case, I imagine.

The car parks are cash magnets for the operators, who milk the motorist and use harassment and threats to extort money. Their intimidating letters are intended to frighten and their message is quite simply “stand and deliver”, the motto of the highway man in a long bygone era. The only thing missing is the pistol, but they use the threat of courts, which could be expensive if people use legal representation, and an ever-escalating tariff of fines that simply bleed the motorist further, and all because they overstayed their welcome by a few minutes after having paid perhaps just a pound—giving the ultimate new definition of “poundstretcher”.

That is tantamount to demanding money with menaces and should now be outlawed. A good case in point is The Whalley Arms car park in my constituency, used by the local community in a village that is strapped for car parking places. Local councillors Terry Hill and Joyce Holgate and I have received numerous letters of complaint from individuals who are incandescent that the operators are allowed such powers.

One constituent, Mr Clive Marsden, was visiting his GP in Whalley. He is a bit slow on his feet as his hip needs replacing. That is being done tomorrow and we all wish him well with his operation and his new hip. He unknowingly typed his registration number wrongly but he still paid his £1 fee. Some of the keyboards are very small and relatively low, and if the sun is shining on them and a person’s eyesight is not 20/20 things might be a bit hit and miss, as they were in this case. He received a fine through the post of £100, to be reduced to £60 if he paid up. He rightly thought that that was unfair as he had paid his pound but unwittingly made a minor mistake. Clearly, he appealed.

Mr Marsden had his son-in-law with him who at the same time parked another car whose registration number was entered correctly. My constituent politely and helpfully suggested that if the company looked at its records, it would see that a fee was paid at a particular time using a registration number very similar to his. The cameras collecting the registration plate numbers would have collected their plate numbers and shown that a fee had been paid for a car that did not enter the car park. Simples, as the advert says. The case could have been closed.

The company ignored Mr Marsden’s suggestion and reiterated the conditions of parking with the stipulation about the correct registration. He appealed to POPLA, the panel that considers such appeals, but it rejected his appeal, stating that his ticket was not displayed correctly as stipulated by the operator. I assume that the P in POPLA stands for pathetic, as the car registrations are collected by the camera, there is no parking attendant, the extortionate fine is issued automatically, and the operator’s notice states that there is no need to display a ticket. I assume that POPLA will read the debate and I want it to tell me which bit of what Clive Marsden was asking the operator to do was unreasonable. Does POPLA think it is right to clobber motorists when there is a system of checking car registrations paid for against those entering the car park when motorists can furnish rough times of entry? Now, Mr Marsden, fresh from his operation, will have to go to court to fight his case. I hope he wins.

There is also the case of a young lady, Niamh McNamara, at the same car park. She failed to pay because the machine was faulty and would not take money, and the other machine had a black bin bag over it. There was no attendant to take the money. She could not pay, so she went to the GP’s surgery and came back, thinking nothing of it. I wonder how many people were nabbed that day. She went home and left for South America on a backpacking holiday. Fortunately, her parents, my constituents, went to Manchester, where she lives, and picked up her mail. There was a demand for £150. Clearly, the time for appeal had elapsed and the charge had gone up to the full fine with an added penalty of £50. Her parents tried to reason with Debt Recovery Plus Ltd, but the company was not interested. After much reasoning, it said that it would reduce the amount to £120. The debt recovery people also threatened the family, saying that their daughter would face court proceedings and that her credit rating would be affected. Under duress, her parents paid up to protect their daughter. The short of it is that she could not pay, and yet was still fined. That is simply not justice.

The RAC published a report last month entitled “Private Parking—Public Concern”. I am sure that the Minister has read it. In it, John de Waal QC argues that these fines are illegal as they have no relationship to the loss incurred by the company. The person pays £1 for parking, overstays 10 minutes and is fined £60 or £100. How can that be fair? The charge at The Whalley Arms car park for 12 hours—there is no charge for night time—is just £5 for the entire day, so how can a fine of £60 or £100 be fair? Mr de Waal also argues that early payment discounts are unfair as they put pressure on the consumer to pay up rather than risk having to pay another £40, or even more if they go to appeal.

[Stephen McPartland (Stevenage) (Con)]

Is my hon. Friend as shocked as I am by the behaviour of ParkingEye at the Roaring Meg retail park in Stevenage? Parking there is free for three hours, but on match days it is free for only one and a half hours. Every week constituents who do not know it is a match day incur large fines. When we take those cases up with ParkingEye, which we do on a weekly basis, it says that it puts out mystical boards demonstrating when it is a match day, but it provides no photographic evidence of the boards and nobody has ever seen one.

[Mr Evans]

Nothing shocks me about that industry. It sounds to me like a scam, so I am pleased that my hon. Friend has come here this evening to talk about the plight of his constituents. If a car park has a tariff, or if it has no tariff for certain hours, that is what people are accustomed to. He is right to say that many constituents will be uninterested in whether it is a match day, whatever the match happens to be, and so will carry on in their usual fashion. It seems that many of them will thus be clobbered by ParkingEye. That is totally unfair and it should look again at its practices. I trust that the Minister has heard what my hon. Friend has said.

Back to POPLA—or un-POPLA, as I prefer to call it. On the “Frequently asked questions” page of its website, to the question “Will the parking charge increase if I lose my appeal?” amazingly it answers “No”, but follows that with:

“If your appeal is refused then the full parking charge will be due because the time for any early payment discount offered by the operator will have passed.”

In my book that is a £40 increase in what an individual would normally have paid. Only POPLA could make those grasping operators appear angelic by offering a reduction should the individual cough up straight away and fail to appeal.

The message from the operators is this: “If right is on your side as you couldn’t get the coins in or you mis-typed your registration number, just take the hit on the chin; otherwise, you might get another hit on the chin.” If that does not work there is always the threat of a third hit on the chin, as credit ratings could be affected and another financial penalty added to the already extravagantly and insanely high fine.

How big is that insane fining regime? It is a massive extortion racket worth hundreds of millions of pounds. In 2013 the Driver and Vehicle Licensing Agency was asked for the registration plate numbers of 2.2 million car owners, and it provided them for a fee—a nice little earner for a Government agency.

The RAC instanced its own example of a young mum returning late to her car because one of her young children got upset. She also had a seven-month-old child in tow. She had to attend to her upset child and was late returning to her car, so she was fined. She did not have the resources to raise the £60 to pay the fine in time so ended up paying £100, and all for being a good mother.

Minister, enough is enough. We all know that this wretched rinsing of the public has to end. The disproportionate fines should go, and those operators and the hoodlum side of their operations—the debt collectors who use oppressive means—have to be tamed and reined right back. Strong-arm tactics can be met only with a strong law response.

The Government did well in 2012 to stop the ferociously active, salivating clampers from persecuting drivers with their hated Denver boots, but a new and sinister breed of persecution has taken over. The Government acted once, and it is now time to act again. As one might expect, I have a few suggestions for the Minister. The Government have already made an announcement concerning council-owned car parks giving a 10-minute grace period before fines becomes actionable. I understand that that is now to be extended to privately owned car parks, which is good. That is one suggestion I was going to make that has already been enacted before I even asked for it. I hope that is a good omen for my other suggestions.

The technology is available to allow car registration plates to be monitored on entrance and exit, so why not allow motorists the option of paying via credit card and being charged for exactly what they use? There would be no fines. I understand that that might require a change in legislation. If so, let us do it quickly in the next Parliament. In cases where the motorist does not have a credit card, why not just pay on exit with money, but at the actual rate? Again, there would be no fine. That might not even need a legislative change.

Then there is payment by credit card or by phone. Drivers could be charged when exiting a car park, or they could pay by phone, as happens in London, with car park operators texting them to inform them that they are about to overrun their paid parking, offering them the option to extend. There would be no fine in that either.

When someone mis-types their registration number, the operator should be duty bound to check the information to see whether it was likely that the wrong number was entered. I am sorry if that technically simple operation would spoil the bumper payouts to the car park regimes, but that is tough—natural justice is something I believe in. For small car parks in which it is simply not feasible to introduce that technology, we could have old-fashioned car parking attendants issuing tickets for the non-display of tickets.

If the motorist appeals, there should be no inferred gamble here. The motorist has the option of going to Coral, Ladbrokes, William Hill, Betfred, Paddy Power or a number of other legitimate bookies if they want a flutter—I am currently at 33:1 for my seat at the general election. When a motorist makes an appeal, there should be no element of gamble in it. Let us end the early payment discounts or extend them to cover the full period of the appeal. I have never gambled £40 in my life on any single punt, so why should the hapless and otherwise law-abiding motorist either be lured into a gamble that will cost them more if they lose or just have to cough up and pay the fine? That is no choice at all.

Let us make fines relate to the loss incurred by the operator. If it costs £1 to park for an hour and someone overstays by 10 minutes, some dynamo accelerator should not be allowed to kick in. Fines should be commensurate with the actual loss in relation to the car parking charges. I appreciate that there is an administration cost to be included, but it should also be proportionate, and the authoritarian, threatening, white-knuckle, gut-turning, official-like demands for eye-watering sums of money because someone has the audacity to overstay by a few minutes have to stop. If a car parking machine is not working, for whatever reason, it should be made illegal to fine people. That will stop another little scam whereby some people are simply harassed into forking out a fine despite the fact that they simply cannot pay.

I understand that the Secretary of State for Communities and Local Government is about to be handed authority over private car parks by the Prime Minister. He will have the opportunity to bring some sort of order and common sense to a system that has simply spiralled out of control and is hated by the long-suffering motorist, a system that is geared towards inflicting the greatest financial misery and disproportionate stress for what is, frankly, a minor contravention.

I have spoken to the man who is about to take the reins of that wild animal and told him to be strong—not that he needs my advice, as I believe he knows what needs to be done. I and the public are fed up to the back teeth with charlatans operating under their own distorted and disproportionate penalty regime, unrelenting in the face of genuine mistakes or lapses in order to fill their coffers. It is now time for them to be brought under control and strictly regulated, with no room to siphon off hundreds of millions of pounds with kick-backs to debt recovery agencies and the DVLA. In short, it is time to act. Get to it, Eric.

--- Later in debate ---

[Mr Goodwill]

I need to be careful because this matter is before the courts. My hon. Friend the Member for Ribble Valley talked about somebody in a pay-and-display car park who overstayed their time. It could be argued that the loss to the parking company was the value of the time that had been used, and therefore that these fines amount to many times that loss.

On the other hand, many businesses—my hon. Friend is a shopkeeper himself—rely on their own car parking areas outside their premises for their customers. If all the parking space outside a kitchen showroom, for example, was taken up by people who were not using that shop, the company could lose an order for a whole kitchen, which could represent several hundred pounds. We need to look more carefully at exactly why people may need to keep car parking for their customers. Many companies get frustrated when people park in the parking area that is meant to be for their customers and is integral to their business. If there is no car park outside, a person may drive by and go to a competitor.

[Mr Nigel Evans]

I understand the Minister’s point. However, The Whalley Arms car park is a relatively large car park for the village that is now used by the entire community, not for any specific shop. All the shops benefit from the fact that the car park is available. It is next door to a GP surgery. The two cases that I mentioned related to people who wanted to use the surgery; one wanted to pay and the other mistyped their registration number. Their loss is the amenity of the car parking space, which costs £1 an hour or £5 for the day—nowhere near £60, £100 or £150.

[Mr Goodwill]

I absolutely understand that point. The point I was trying to make is that there are situations whereby the survival of a business may be determined by it being able to make sure that its customers can use its limited car parking. However, in the case of a car park that might cost £1 an hour, it would be difficult to argue that the loss to the landowner or the parking company was anything like the magnitude of the loss to another company that would lose custom.

Drivers choose where to park their vehicles, and if they park on private land they do so in line with the terms and conditions that should be clearly displayed on signage at the entrance to the car park and around it. If the terms and conditions include that a motorist must pay and display, and stay no longer than the time they have paid for, those are the conditions that the motorist has deemed to have agreed to when they park their vehicle.

Parking management and control is necessary so that landowners who invite drivers to park on their land can exercise their legal rights and gain the benefit to which they are entitled from the use of their property. Without any form of control, indiscriminate drivers might park where they liked and for as long as they liked, breaching reasonable terms and conditions, and without fear of any recourse arising from their misuse of the land.

We are committed to striking the right balance to protect motorists from unscrupulous practices that some parking management companies may employ—we have heard about them this evening—and to ensure that landowners can control the use of their land and benefit fairly from it.

The Protection of Freedoms Act 2012 banned clamping and made a number of other changes to the law related to parking. It banned private sector wheel-clamping and vehicle removal where there is no lawful authority to do so, and, as a balance to that, provided landholders with extra powers to manage parking on their land.

Most private organisations, including private landowners and their agents, are not able to clamp or tow vehicles and have to rely primarily on ticketing to enforce parking conditions on their land. This could be by placing a parking ticket on a vehicle, giving it to the driver or sending a ticket to the vehicle’s registered keeper in the post.

Before the Protection of Freedoms Act 2012, a private landholder could only seek liability against a vehicle driver to recover unpaid parking charges and therefore needed to be able to identify who was the driver of the vehicle that incurred the parking charge. There was no requirement, however, for the registered keeper either to say who was driving the vehicle or to accept liability him or herself. This allowed both the vehicle driver and the registered keeper to avoid liability and meant that landholders could find it difficult to manage parking by ticketing alone.

Schedule 4 to the Protection of Freedoms Act came into power at the same time as the parking sector introduced a new, free appeals service for motorists who received a parking charge. This means that motorists can appeal to the parking operator and to an independent adjudicator, and both those appeals are free to the motorist. However, I completely understand my hon. Friend’s point about an early payment discount, and the suggestion to extend the discount during an appeal certainly has some merit.

Despite perceptions to the contrary, I assure my hon. Friend that significant control is already applied to the operation of private car parking companies. The activities and standards of operation in the sector have changed substantially in recent years and parking trade bodies have improved standards further at the heart of their vision.

Where the terms and conditions of parking have been breached, parking management companies can apply for information about the vehicle keeper so that they can enforce appropriately. The Government control the access to those data through the Driver and Vehicle Licensing Agency, and there is a requirement for companies that receive keeper data from the DVLA to be members of an accredited trade association. Incidentally, the fee for access to those data is £2.50. That means that the parking company must abide by the accredited trade association code of practice based on fair treatment of the motorist, which requires its members to operate to high professional standards of conduct while allowing them to take reasonable action to follow up alleged parking contraventions.

We would expect any organisation that wanted to become an accredited trade association to be able to demonstrate that it has a code of practice that ensures that only a fair parking charge is asked for and that prominent signage is present outlining clearly the restrictions on parking and the charges and conditions that apply. There should be no hidden charges or ambiguity for the motorist as to what is and is not permitted on the land.

Oral Answers to Questions

Nigel Evans Excerpts

Thursday 5th March 2015 Commons Chamber

[Mr Goodwill]

We do have targets for the Highways Agency network, which we have control over. Other roads are the responsibility of highways agencies. When I stood at the Opposition Dispatch Box five years ago and put it to the Labour Government that we should introduce drug-driving legislation, they said it was impossible. I am proud to say that on Monday this week we gave the police the tools they need to prosecute those who put other road users in danger by drug-driving, and we now have the legislation on the statute book to do that—something that Labour said was impossible.

[Mr Nigel Evans (Ribble Valley) (Con)]

I note that the Minister has not been to the Isle of Wight, but has he been to Ribble Valley, where we have some of the best cycling areas and walking routes through some of the greatest beauty that one will find in England? Does he believe, like me, that if we can encourage more youngsters, in particular, to cycle and to walk, that could help with the problem of obesity, and that perhaps we could get Government, schools and local authorities working together to encourage people to have step monitors to give them some focus so that they can become healthier human beings?

[Mr Goodwill]

I have indeed been to Ribble Valley, which is a very beautiful part of the country despite not being in Yorkshire. It is very important that we get young people on their bikes. That is why I am delighted that we have delivered 1.6 million Bikeability places, mainly to young people, and we expect a further 280,000 places between April 2015 and March 2016.

Rising Cost of Transport

Nigel Evans Excerpts

Wednesday 9th January 2013 Commons Chamber

[Maria Eagle]

No.

That model means that decisions on fare rises are made by politicians, just as we have always accepted should happen for rail fares and as has happened for bus services in London. However, the integrated transport authorities that are rightly going down that route are finding that they are up against the vested interests in the private bus companies. Stagecoach is the worst culprit and has threatened to close depots, sack drivers and take buses off the road overnight. Sir Brian Souter claimed that he would rather “take poison” than enter a quality contract. His managing director accused the elected accountable transport authority of

“operating in the same camp as Marx, Lenin and Trotsky.”

Have the Government stood by transport authorities that are trying to secure a better deal in the use of taxpayers’ money? No. On the contrary, the Government are using their reform of bus funding to stack the odds even further against transport authorities. They are caving in to pressure from the bus companies and proposing to exclude from better bus area funding authorities that seek greater control over fares through quality contracts. Yet again, the Government are on the side of the wrong people and are putting the interests of the bus companies before bus passengers. The Government should think again and work with councils, not against them. Ministers should say to the bus companies, “You operate successfully in a regulated system right across Europe and you can do so here.” Instead, Ministers are cutting funding, oblivious to the impact on rising fares and reduced services, and standing in the way of local authorities that are seeking reform to deliver more for less and keep down fares.

On rail and bus services, the cost of transport is rising by well above the rate of inflation. The Government should listen to passengers, and the House should support the motion. Let this be the last year when the train companies are allowed to turn the so-called cap on fare rises into an average. The Government should restore the strict cap on fares that was introduced by Labour and that they scrapped. They should also listen to passengers about ticket offices and look at the ideas that we have set out to make fares and ticketing fairer and simpler. The Government have so far shown themselves to be completely out of touch on the rising cost of transport and the pressure that it is causing for families who are already feeling the squeeze on household budgets. Today is an opportunity for Ministers to start listening, recognise the consequences of the misguided decisions that their predecessors have taken over the past two years on rail and bus services, and act. I invite the Secretary of State for Transport to do so.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call the Secretary of State, I should say that there will be a time limit on contributions. It is difficult to say what the limit will be until the Secretary of State sits down, but I should not think that it will be much more than six minutes.

Portland Search and Rescue Helicopter

Nigel Evans Excerpts

Wednesday 19th December 2012 Commons Chamber

[Richard Drax (South Dorset) (Con)]

It is a huge honour to speak in this debate, and I should like to start—[Interruption.]

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Would Members leaving please do so quietly, so that we can hear the Adjournment debate?

[Richard Drax]

Thank you, Mr Deputy Speaker.

This campaign is not just about one MP. Other hon. Members are here for the debate and they are equally concerned about the future of Portland’s search and rescue helicopter. We represent tens of thousands of people along the south coast who are worried, many of whom have campaigned tirelessly in the past months to help me. This is a team effort and I pay tribute to, and thank, all who have contributed to the battle to save our helicopter. It would be negligent of me not to pay special tribute to all crews of search and rescue helicopters in the United Kingdom, and in particular to ours in South Dorset.

I will begin by telling a story about a fishing boat called the Purbeck Isle. Sadly, it sank recently and we lost three young fishermen. The search went on for three days non-stop and could only be carried out effectively by helicopter because the search area was so huge. The helicopters had to refuel a number of times. If it were not for the Portland base, they would have had to fly some 21 to 25 minutes to Lee-on-the-Solent before refuelling and coming back. That would have meant being away from the search area for at least an hour. The current water temperature in most of the United Kingdom means that people can survive for about 10 minutes before they become unconscious, and 30 minutes before their core is so cold they die—those are the maximum times.

I remind the House that the initial funding for the helicopter came from the private finance initiative, which was cancelled by the coalition Government in February 2011.