Parking (Code of Practice) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018 Commons Chamber

Consideration of Bill, not amended in the Public Bill Committee

[Madam Deputy Speaker (Dame Rosie Winterton)]

I inform the House that the Scottish Parliament has approved a legislative consent resolution relating to the Bill, which is available in the Vote Office.

New Clause 1

Appeals against parking charges

‘(1) This section applies if the parking code contains guidance recommending that all parking appeals are dealt with by a single person who is independent of persons providing private parking facilities.

(2) The Secretary of State may, for the purpose of enabling or facilitating persons to act in accordance with that guidance, enter into an agreement with any person who appears to the Secretary of State to be so independent for that person to deal with parking appeals.

(3) An agreement under this section may provide—

(a) for payments to be made by the Secretary of State in respect of dealing with parking appeals;

(b) for the person to have power to charge fees, payable by persons providing private parking facilities, for dealing with parking appeals;

(c) for the maximum amount of any fee chargeable by virtue of paragraph (b).

(4) A person authorised by an agreement under this section to deal with parking appeals may not authorise any other person to perform that function.

(5) In this section “parking appeals” means appeals against parking charges imposed by, or on behalf of, persons providing private parking facilities.’.—(Sir Greg Knight.)

The new clause provides that, if the parking code recommends that all appeals against parking charges are dealt with by a single independent person, the Secretary of State may enter into an agreement with such a person for that person to deal with appeals against parking charges.

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

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

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Amendment 7, in clause 1, page 1, line 3, after “State” insert “within twelve months of the day on which this Act is passed.”

Amendment 8,  page 1, line 3, after “must” insert “use his best endeavour to.”

Amendment 1, in clause 6, page 3, line 14, leave out from “may” to “functions” in line 20 and insert “—

(a) enter into an agreement with a public authority authorising the authority to perform any functions of the Secretary of State under sections1 to4 (other than the function of laying a code or alteration before Parliament);

(b) enter into an agreement with a person authorising that person to perform any”

This amendment enables the Secretary of State to delegate functions relating to the investigation of breaches of the parking code to bodies that are not public authorities.

Amendment 2, page 3, line 28, leave out “public authority which is” and insert “person”

This amendment is consequential on Amendment 1.

Amendment 3, page 3, line 34, leave out “the final version of”

See the explanatory statement for Amendment 5.

Amendment 4, page 3, line 35, at end insert “for approval”

See the explanatory statement for Amendment 5.

Amendment 5, page 3, line 36, leave out “The” and insert “Once the Secretary of State has approved the code or alteration, the”

Amendments 3 to 5 make clear that, where the Secretary of State has delegated the function of preparing the parking code, the Secretary of State must approve the final version of the parking code (or any alteration to it) before it is laid before Parliament.

Amendment 6, in clause 7, page 4, line 3, at end insert—

“() where the Secretary of State has entered into an agreement with a person under section (Appeals against parking charges) (appeals against parking charges), the establishment and maintenance by the person of a service for dealing with parking appeals (within the meaning of that section).”

The effect of this amendment is that, where the Secretary of State enters into an agreement with a person for the person to deal with appeals against parking charges (see NC1), the costs of establishing and maintaining that parking appeals service may be defrayed out of the proceeds of the levy imposed on accredited parking associations.

Amendment 9, in clause 11, page 6, line 29, leave out from “force” to the end of line 30 and insert “two months after the day on which this Act is passed.”

Amendment 10, page 6, line 31, leave out subsection (3).

[Sir Greg Knight]

Following previous stages of our consideration of the Bill, and having received a number of representations, it is apparent to me that it can and should be strengthened further. One point of concern that has been raised, including by the hon. Member for Cardiff South and Penarth (Stephen Doughty) and my hon. Friend the hon. Member for Dudley South (Mike Wood), relates to the appeals services available to motorists. Currently, when a motorist receives a ticket, they must first go to the parking operator to challenge it. If the challenge is rejected, they may go on to an appeals service provided by whichever accredited trade association the parking operator is a member of. Parking on Private Land Appeals and the Independent Appeals Service are the appeals services of the British Parking Association and the International Parking Community respectively. However, POPLA does not operate in Scotland, so motorists who receive parking tickets from British Parking Association operators in Scotland are denied an independent appeals service entirely, which I do not think is right.

The Bill provides an opportunity to raise the standards of the private parking industry and create more consistency in the process. My amendments would expand that opportunity, providing the Secretary of State with the power to appoint a single appeals service for the whole industry, providing greater consistency for motorists in England, Scotland and Wales, as they would know exactly where to go when they want to appeal a private parking ticket.

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[Sir Christopher Chope]

Gosh, Madam Deputy Speaker, I am being flattered into submission. Perhaps this is an appropriate moment to say that the Government have also conceded on the amendment that my hon. Friend the Member for Wellingborough (Mr Bone) and I tabled saying that we need more Fridays on which to consider private Members’ Bills. That amendment has been accepted by the Government, and I understand that they are going to put forward a motion for debate on Monday that incorporates it. I can accept—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is important that we stick to the amendments in front of us rather than what might be amendments elsewhere in future debates.

[Sir Christopher Chope]

I shall use my best endeavours to comply with your ruling, Madam Deputy Speaker.

I think that was a useful walk around amendments 7 and 8. Let me refer briefly to the other amendments in my name, which deal with when the Bill has to be enacted. At the moment, clause 11, on the commencement, extent and short title, says that “section 8” and

“any power to make regulations”

will come in

“on the day on which this Act is passed”.

However, the clause also states that the

“remaining provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.”

My amendment suggests that that should be two months after the day on which the Act is passed, again to ensure that the pressure is kept on the Government to bring the measures forward as quickly as possible. There is massive public demand for them, and I fear that if we do not tie the Government’s hands a bit more than the Bill does currently, we may have to rely, to a very great extent, on the muscle power of my right hon. Friend the Member for East Yorkshire. I do not really think we want to have to do that, which is why I tabled the amendments. I look forward to hearing what the Minister has to say.