Car Clamping (Private Car Parks)

Simon Burns Excerpts

Wednesday 19th June 2013 Westminster Hall

[The Minister of State, Department for Transport (Mr Simon Burns)]

Thank you, Mr Owen. That is quite a challenge, given that my time has been reduced somewhat. May I begin by saying that it is a pleasure to serve under your chairmanship? I congratulate the hon. Member for South Down (Ms Ritchie) on securing the debate. I welcome the opportunity to discuss in detail a matter that is clearly of great concern to her and her constituents and to other hon. Members who have taken part in the debate. I will give the hon. Member for South Down the assurance, because this is a highly complex area and she has covered a considerable amount of ground, that I will get the Under-Secretary of State for Transport, my hon. Friend the Member for Wimbledon (Stephen Hammond), to write to her on those issues that I am unable to deal with specifically in the limited time left to me.

The management of private parking and the release of vehicle keeper details to allow car park operators to apply parking controls can, understandably, be emotive matters. Receipt of a parking ticket is never popular, and some drivers become very annoyed when they are subject to enforcement action, particularly if they disagree with the principle of vehicle keeper information being provided to private companies for such purposes. Unpopular though receipt of a parking charge may be, measures to control parking on private land are necessary to ensure that parking facilities remain accessible and provide value to all who use them. Drivers who choose to park their vehicles on private land do so in line with terms and conditions that should be clearly displayed on signage at the entrance to the car park and around it; I take the hon. Lady’s point about the size of displays and their accessibility.

[Graham Jones]

Will the Minister give way?

[Mr Burns]

I will not be accepting any interventions from the hon. Gentleman. This is the hon. Lady’s debate; I do not have much time and I want to address as many of her points as I can.

Typically, conditions relate to the need to pay a fee and display a valid ticket, and to observe the maximum permitted time for parking. There may be other conditions, such as a stipulation that parking is for patrons only. Parking control is necessary to allow landowners who invite drivers to park on their land to exercise their legal rights and gain the benefit to which they are entitled from the use of their property. Without any form of control, I am sure the hon. Lady would agree that errant drivers might park as they liked, breaching reasonable terms and conditions, without fear of any recourse arising from their misuse of the land and the detrimental effect that their actions might have on the availability of parking spaces for more considerate motorists.

It is important to bear in mind that UK law specifically provides for the release of vehicle keeper information to those who can demonstrate that they have a reasonable cause for requiring it. There is no statutory definition of “reasonable cause”, but our policy is that requests for such information should relate to the use of a vehicle, following incidents where there may be liability on the part of the driver. Where a parking infringement may have taken place, it is considered reasonable to provide the vehicle keeper’s contact details to allow the matter to be taken up with the driver responsible.

Those procedures are fully in keeping with the terms of the Data Protection Act, and the Information Commissioner’s Office is fully apprised of the release of information for such purposes. Although the law provides for the release of information, we are committed to striking the correct balance between protecting drivers from unfair or unscrupulous practices that some parking management companies may employ, and ensuring that land owners are able appropriately to control the use of their land and benefit fairly from it.

The management and control of parking on private land has been under considerable scrutiny over recent years, and the activities and standards of operation in the sector have changed substantially. Despite perceptions to the contrary, I assure the hon. Lady that significant control is already applied to the operation of private car parking companies. Unscrupulous operators can no longer put a sign up in a car park that sets outrageous charges and harass motorists for payment. Rogue operators might once have been able to request vehicle keeper details, but that is no longer the case. Unlike in the past, control is now exercised over the charges that can be imposed, the standards for signage and the operating standards for the conduct of staff employed by parking management operators.

Since 2005, when the previous Government were in power, the issues raised by motorists aggrieved by private parking enforcement have been carefully scrutinised. As a result of the first review, the systems for accessing vehicle keeper data were totally changed and formal safeguards were introduced. The review led to the introduction of a requirement for companies that receive keeper data via electronic links to be members of an accredited trade association. The conditions have been strengthened by making ATA membership a requirement for all car parking companies as a prerequisite for access to data. Since 2009, all private car parking companies that want to request vehicle keeper information for private car parking management have been required to be ATA members, regardless of whether they make such requests via electronic or paper channels. That requirement has delivered a regulatory regime for the parking industry where none previously existed.

An ATA must have a 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 ATA 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, which outlines 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 what is not permitted on the land. The code also helps to ensure that contact with motorists is not threatening and that parking charge notices are issued promptly so that a driver can recall the circumstances surrounding the event. A reasonable amount of time must be allowed for payment to be made before any additional charges are imposed or the matter is escalated. That is the case in Northern Ireland and in the rest of the United Kingdom

Even though strong requirements are in place to regulate the actions of parking companies, disclosure of data is also tightly controlled. Even when a company can demonstrate full compliance with the code of practice, the DVLA and its Northern Ireland equivalent, the Driver and Vehicle Agency, operate to the same standards and must be assured that there is good reason to believe that a parking contravention is likely to have occurred and that the company is acting with integrity when requesting data.

Parking management companies are visited to audit their operations and further in-depth checking of individual cases is undertaken to make sure that requests have been submitted for genuine reasons and with reliable evidence to back them up. All requests for keeper details of Northern Ireland-registered vehicles are written requests, and the information provided in support of the application is examined to confirm that the release of the information requested is fair and lawful.

Car parking operators pay fees when requesting keeper details. The fee levels are set to recover the cost of processing requests, so that those costs are not passed on to the taxpayer. The Government do not gain financially from the provision of such information.

It is inevitable that motorists who feel that they have been unfairly treated will complain. The first port of call is usually the ATA, and I have mentioned that an operator needs to demonstrate compliance with the code of practice in order to retain its membership. The ATA is there to investigate and ensure that, where appropriate, remedial action is taken. It is for the ATA to decide whether the operator needs to be placed on notice with additional scrutiny, follow-up audits and checks to monitor future actions closely. In more serious cases, a decision may be taken to terminate an operator’s membership of the ATA, without which they cannot operate. That consequence is serious for a company’s survival and it is an incentive for them to behave responsibly.

The agencies that supply data to operators also play a key role. Where sufficiently serious concerns are raised or ongoing issues are identified, agencies will consider whether continued access to vehicle keeper data is appropriate. Several parking management companies have had their ability to request vehicle keeper data suspended where shortfalls in the standards expected have been identified. In addition, trading standards departments can prosecute companies if they have breached consumer protection law. In short, if a company is not meeting the standards expected, there are serious consequences.

I trust we can all agree that we have come a long way in providing proportionate regulation for the parking sector. I do not have enough time to deal with the hon. Lady’s other points, so I will ensure that my ministerial colleague, my hon. Friend the Member for Wimbledon, writes to her. I conclude by urging her to forward to the responsible Minister the details of any cases experienced by her constituents and others that have involved questionable actions and bad behaviour, and where the expected standards of operation have not been met, so that those cases can be investigated.