House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

31

House of Commons

Thursday 28 April 2011

Public Bill Committee Proceedings

Protection of Freedoms Bill

[Eleventh and Twelfth sittings]

Diana Johnson

Withdrawn  107

Clause  54,  page  37,  line  23,  after ‘apply’, insert ‘in relation to immobilisation

achieved by way of a fixed barrier at the exit to a car park’.

Diana Johnson

Not called  108

Clause  54,  page  37,  line  27,  at end insert—

‘(c)
the vehicle is not registered in Great Britain or Northern Ireland.’.

Mr Tom Watson

Negatived on division  90

Clause  54,  page  37,  line  30,  after ‘liable’, insert ‘to prosecution by the police and’.

Clause Agreed to.

Clause 55 Agreed to.

Mr Tom Watson

Not selected  91

Page  38,  line  24,  leave out Clause 56.

Diana Johnson

Withdrawn  105

Clause  56,  page  38,  line  25,  at beginning insert ‘(1)’.

Diana Johnson

Negatived on division  106

Clause  56,  page  38,  line  27,  at end insert—

‘(2)
Recovery of unpaid parking charges shall be subject to the right of appeal.

(3)
The Secretary of State shall by regulations make provision for the purpose

specified in subsection (4) in a case where, in England and Wales or Northern

Public Bill Committee Proceedings: 28 April 2011
32

Protection of Freedoms Bill, continued

Ireland, a person attempts to claim unpaid parking charges from the driver or

keeper of the vehicle.

(4)
The purpose referred to in subsection (3) is to entitle a person to appeal against

the parking charge which they believe has been enforced against them, either by

way of a contract relating to parking or by way of Schedule 4.

(5)
Regulations under this section shall specify the grounds on which an appeal may

be made.

(6)
The grounds may include in particular—

(a)
a contravention of a code of practice issued by an Accredited Trade

Association;

(b)
contravention of any requirement imposed by or under this Act.

(7)
Regulations under this section shall make provision for and in connection with

the person to whom an appeal may be made.

(8)
The person may in particular be—

(a)
a person exercising functions of adjudication or the hearing of appeals

under another enactment;

(b)
a body established appointed by the Secretary of State under the

regulations;

(c)
an individual appointed under the regulations by the Secretary of State or

by another person specified in the regulations.

(9)
Regulations under this section may also include provision—

(a)
as to the procedural conditions to be satisfied by a person before an

appeal may be made;

(b)
as to the payment of a fee by the appellant;

(c)
as to the procedure (including time limits) for making an appeal;

(d)
as to the minimum level of charge before an appeal may be brought;

(e)
as to the procedure for deciding an appeal;

(f)
as to the payment to the appellant by the respondent of—

(i)
the charge against which the appeal is made;

(ii)
other costs incurred by the appellant in consequence of the

activity referred to in subsection (3);

(g)
as to the payment by a party to an appeal of—

(i)
costs of the other party in relation to the adjudication;

(ii)
other costs in respect of the adjudication;

(h)
as to the payment by the respondent to an appeal, in a case where the

appeal is granted, of a charge in respect of the costs of adjudications

under the regulations;

(i)
as to the effect and enforcement of a decision of the person to whom an

appeal is made—

(i)
requiring or authorising the person to whom an appeal is made to

provide information relating to the appeal to the authority;

(ii)
to the effect that a person who makes a representation that is false

in a material particular, and does so recklessly or knowing it to

be false, commits an offence triable summarily and punishable

with a fine not exceeding level 5 on the standard scale.

(10)
The provision specified in paragraphs (e), (f) and (f)(i) of subsection (9) includes

provision authorising the person to whom an appeal is made to require payment

of the matters specified in those paragraphs.’.

Public Bill Committee Proceedings: 28 April 2011
33

Protection of Freedoms Bill, continued

Clause Agreed to.

Mr Tom Watson

Not selected  92

Page  106,  line  23,  leave out Schedule 4.

Schedule Agreed to.

[Adjourned until Tuesday 3 May at 10.30 am



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