Private Parking: Ports and Trading Estates

Peter Aldous Excerpts

Tuesday 11th December 2018 Commons Chamber

[Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)]

I sought this evening’s debate to raise awareness of the unethical practice of commercial car parking firms issuing unreasonable parking and trespass enforcement notices against haulage companies in my constituency and elsewhere. I also wish to seek assistance from the Government to ensure that a proper framework is in place to properly address the unacceptable behaviour of commercial car parking enforcement companies, which are damaging the British haulage industry and threatening its profitability and jobs in Suffolk and, increasingly, elsewhere in the UK.

This issue first came to my attention when Magnus Group, a haulier based in Great Blakenham in my constituency, invited me to visit and asked for my support. Magnus Group is supported by in excess of 30 other UK road hauliers that collectively have the backing of the Road Haulage Association and the Freight Transport Association. I am grateful to Magnus Group and Bartrums, another haulage company in my constituency, based in Eye, as well as Anchor Storage Solutions in Kenton and the Road Haulage Association for helping me to prepare for this debate.

I will begin with a little background for the Minister. The examples I will raise are particularly pertinent to Suffolk, and although I am raising concerns on behalf of road hauliers, my constituency being landlocked, I will give examples from the UK’s container port in Felixstowe. I know that my hon. Friend the Member for Suffolk Coastal (Dr Coffey) shares my concerns, as does my hon. Friend the Member for Waveney (Peter Aldous).

Felixstowe port receives in excess of 45%—close to 50%—of the UK’s container traffic, so the issues I am raising affect haulage companies not just in Suffolk but throughout the UK. Given the importance that the Government are placing on supporting UK trade as we go through the Brexit process, unethical practices that are affecting the UK haulage industry and its competitiveness must be addressed as a matter of urgency.

Trinity Distribution Park in Felixstowe is owned and operated by Trinity College Cambridge and managed by Bidwells, an estate management company, which in turn employs the services of a commercial parking enforcement company called Proserve. Trinity owns much of the land around the port of Felixstowe. To date, it has failed to engage with the concerns of the road haulage industry. It is concerning that it appears to be allowing its agent, Bidwells, to employ an unregulated enforcement company which is using unreasonable practices to manage traffic on and around its property. Roads under the jurisdiction of Proserve at Trinity Distribution Park include Dooley Road, off the A154 at Walton Avenue, the BP garage on the A154 at Trinity Avenue, Blofield Road, Parker Avenue and Fagbury Road.

While the hauliers recognise the need for reasonable enforcement, they object to the unreasonable actions of Proserve, backed by Bidwells. Enforcement, when required, must be conducted in a fair, transparent and reasonable manner. Proserve’s actions include levying unreasonable charges and fines on hauliers—£180, rising to £250 if not paid within 14 days; failing to sign up to a regulated appeals procedure to monitor the appropriateness of the fines and trespass notices that it hands out; applying additional charges if and when fines and trespass notices are challenged—£37.50 per challenge; rejecting, without due process or consideration, many of the challenges to the fines and trespass notices that it hands out to hauliers; blocking in lorries and other vehicles owned by road hauliers, and using the process to issue trespass notices for each hour during which the vehicles are blocked in; and issuing trespass notices for vehicles that have stopped for only one minute, for example when conducting a parking manoeuvre such as a three-point turn.

There are a number of concerns about the legitimacy of the trespass notices themselves. For instance, Proserve has no access to the DVLA database, and notices are therefore issued to businesses on the basis of the livery of the vehicles concerned. Incorrect or no registration numbers are supplied to the hauliers on the notices. Notices and fines are sent to the wrong addresses, thus delaying their receipt by the intended recipients, who incur additional penalty charges as a consequence. There are substantial gaps between the dates recorded on notices and the dates on which they are received by haulage companies, and those delays also lead to additional penalty charges. Proserve claims on its notices that it uses the DVLA to help it to enforce trespass notices. The DVLA categorically denies that, and has advised the haulage companies affected to take the matter up directly with Suffolk Trading Standards.

There are also disturbing stories from a number of haulage companies which tell me that Proserve has told them that it will “go easy on them” if they pay it an annual fee. In effect, Proserve is asking hauliers to bribe it to stop handing out unethical fines. Companies that do not pay the fee find themselves receiving more attention from Proserve, which then increases the number of fines and trespass notices. Proserve seems to be operating what is, in effect, a mafia-style protection racket which penalises hauliers who refuse to comply. Bidwells, the managing agent, appears to stand by Proserve’s enforcement notices and practices, and Trinity College does not even want to know what is happening. It has refused to engage with hauliers who have raised concerns with it.

As I am sure the Minister will know, this practice is extremely damaging to road hauliers and their businesses when they attempt to deliver to and collect from businesses trading from Trinity Distribution Park. Many have either ceased to trade with businesses located there, or are becoming reluctant to do so because of the risk of trespass notices and fines. Felixstowe is the UK’s biggest container port, but the unethical behaviour of a parking enforcement agency is now preventing businesses from operating correctly in the port, and hauliers are finding it difficult to carry out day-to-day operations. The high risk of trespass notices means that the hauliers face having to increase their costs to their customers, pricing them out of the market and preventing them from competing fairly. The knock-on effect to business is that companies’ operations are becoming less efficient and less profitable, and there is an increased threat to local and national haulage and storage jobs.

I have also been provided with legal advice from a company in my constituency, Hemisphere Freight Ltd, which has been affected by the actions of Proserve. The advice is as follows:

“The landowner could be in breach of lease if it has authorised or permitted Proserve to cause obstruction and harassment on the estate roads.

The sub-lease provided does not support the assertion made by Proserve that there is a clause in all the leases to stop vehicles standing or permitting others to stand on any of the private estate roads. In the sub-lease provided, there is not an express clause that prohibits vehicles from queuing.

There is no contractual agreement between vehicle operators and the landowner.

The vehicle operators access the estate roads as licensees of the leaseholders of the premises visited. It is not clear that queuing on the estate roads is a trespass. The fines levied for alleged trespass are not enforceable.”

Because there is no clear legal framework or requirement for Proserve to be part of a trade body, its actions might be illegal but it can still operate in the unethical way it chooses to, and it continues to punish road haulier companies with impunity.

It is also worth reflecting on the direct experience of three companies that are being badly affected by the actions of Proserve and the inertia of both Bidwells and Trinity College Cambridge in tackling its unethical behaviour.

Magnus Group is based in Great Blakenham near Ipswich. Kevin Parker, managing director of the Magnus Group, tells me that it was formed in 1973, has gradually grown and now employs over 140 staff, but he is concerned that the damage being done to the company by the actions of Proserve might pose a serious threat to jobs in the future. Over the past six years, Magnus Group has paid in excess of £7,000 in fines issued by Proserve for both Ransomes industrial park in Ipswich and Trinity Distribution Park in Felixstowe. However, Proserve’s actions have escalated in recent weeks and months in Felixstowe.

Magnus Group has now opted to stop paying these fines after receiving a trespass notice with an unknown registration number on it. When it queried this with Bidwells, the land agent, Magnus was told it was not to be questioned and that the fine was based on the vehicle’s livery. Magnus Group has also received a fine for a vehicle that has never been registered to the company. The advice from Bidwells was that the fine was to be paid as it carried the livery of one of Magnus Group’s customers, Specialized bikes. One such trespass notice, or letter, from Proserve advised that Magnus Group’s licence to enter Trinity Distribution Park has been withdrawn by Trinity College’s agent, Bidwells. Magnus Group has never seen or received any notification of such a notice, nor the need to have a special licence. It has requested on a number of occasions to have sight of the licence, but neither Proserve nor Bidwells have complied with the request, which has thus far been ignored. Proserve’s trespass notice states that Magnus Group has 10 days from service of the notice to pay the full amount. If it does not, legal proceedings will commence in the county court. Magnus Group currently has 18 different letters for different vehicles entering the land in Felixstowe since 19 September, each notice containing a charge of £250 per incident.

The photographic evidence is not clear as to where the vehicles have been photographed. Indeed, many of them appear to be simply vehicles travelling on a tarmac road. Magnus Group has, at present, a number of fines totalling almost £6,000. Some of its vehicle fines have accrued further charges—some total £337.50 per fine and one is for £421.50. Magnus Group vehicles have been forcibly blocked by Proserve; while blocked, Proserve has taken photographs of the vehicle and used the photographs to subsequently issue fines. I am sure the Minister agrees that that is far from ethical practice and is certainly not desirable in the UK’s leading container port.

[Peter Aldous (Waveney) (Con)]

I am listening with interest to my hon. Friend’s speech. I know these roads and estates as I used to be a surveyor practising in that area, and the roads are not in the best order. Does my hon. Friend agree that this sort of practice, and the poor estate management in not keeping these roads up to standard, is undermining Felixstowe’s position as a premier container port in the UK?

[Dr Poulter]

I agree entirely with my hon. Friend. I shall give the House one more example on exactly that point. The issue for the Government to consider is that the actions of Proserve and companies like it are not isolated to Felixstowe. This is occurring throughout the United Kingdom. Specifically in Felixstowe, however, we know that jobs are reliant not only on the port and that many other jobs in Suffolk are linked through the haulage industry. As we look towards Brexit, the position of Felixstowe as the UK’s premier container port and the importance of Britain’s trade and its exporting and importing capacity is something that the Government should take into account. The behaviour of Proserve is undermining the competitiveness of Felixstowe, and it is potentially putting jobs at risk in Suffolk and elsewhere in the UK that are linked to the port. This is something that needs to be addressed as a matter of urgency.