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Consideration of Bill: 10 October 2011                  

3415

 

Protection of Freedoms Bill, continued

 
 

(e)    

identify the creditor and specify how and to whom payment may be

 

made;

 

(f)    

specify the time when the notice is given and the date.

 

      (3)  

The notice must relate only to a single period of parking specified under sub-

 

paragraph (2)(a) (but this does not prevent the giving of separate notices each

 

specifying different parts of a single period of parking).

 

      (4)  

The notice must be given—

 

(a)    

before the vehicle is removed from the relevant land after the end of

 

the period of parking to which the notice relates, and

 

(b)    

while the vehicle is stationary,

 

            

by affixing it to the vehicle or by handing it to a person appearing to be in

 

charge of the vehicle.

 

6B  (1)  

A notice which is to be relied on as a notice to keeper for the purposes of

 

paragraph 6(1)(a) is given in accordance with this paragraph if the following

 

requirements are met.

 

      (2)  

The notice must—

 

(a)    

specify the vehicle, the relevant land on which it was parked and the

 

period of parking to which the notice relates;

 

(b)    

inform the keeper that the driver is required to pay parking charges in

 

respect of the specified period of parking and that the parking charges

 

have not been paid in full;

 

(c)    

state that a notice to driver relating to the specified period of parking

 

has been given and repeat the information in that notice as required by

 

paragraph 6A(2)(b), (c) and (f);

 

(d)    

if the unpaid parking charges specified in that notice to driver as

 

required by paragraph 6A(2)(c) have been paid in part, specify the

 

amount that remains unpaid, as at a time which is—

 

(i)    

specified in the notice to keeper, and

 

(ii)    

no later than the end of the day before the day on which the

 

notice is either sent by post or, as the case may be, handed to

 

or left at a current address for service for the keeper (see sub-

 

paragraph (4));

 

(e)    

state that the creditor does not know both the name of the driver and a

 

current address for service for the driver and invite the keeper—

 

(i)    

to pay the unpaid parking charges; or

 

(ii)    

if the keeper was not the driver of the vehicle, to notify the

 

creditor of the name of the driver and a current address for

 

service for the driver and to pass the notice on to the driver;

 

(f)    

warn the keeper that if, at the end of the period of 28 days beginning

 

with the day after that on which the notice to keeper is given—

 

(i)    

the amount of the unpaid parking charges (as specified under

 

paragraph (c) or (d)) has not been paid in full, and

 

(ii)    

the creditor does not know both the name of the driver and a

 

current address for service for the driver,

 

    

the creditor will (if all the applicable conditions under this Schedule

 

are met) have the right to recover from the keeper so much of that

 

amount as remains unpaid;

 

(g)    

inform the keeper of any discount offered for prompt payment and the

 

arrangements for the resolution of disputes or complaints that are

 

available;

 

(h)    

identify the creditor and specify how and to whom payment or

 

notification to the creditor may be made;


 
 

Consideration of Bill: 10 October 2011                  

3416

 

Protection of Freedoms Bill, continued

 
 

(i)    

specify the date on which the notice is sent (if it is sent by post) or

 

given (in any other case).

 

      (3)  

The notice must relate only to a single period of parking specified under sub-

 

paragraph (2)(a) (but this does not prevent the giving of separate notices which

 

each specify different parts of a single period of parking).

 

      (4)  

The notice must be given by—

 

(a)    

handing it to the keeper, or leaving it at a current address for service

 

for the keeper, within the relevant period; or

 

(b)    

sending it by post to a current address for service for the keeper so that

 

it is delivered to that address within the relevant period.

 

      (5)  

The relevant period for the purposes of sub-paragraph (4) is the period of 28

 

days following the period of 28 days beginning with the day after that on which

 

the notice to driver was given.

 

      (6)  

A notice sent by post is to be presumed, unless the contrary is proved, to have

 

been delivered (and so “given” for the purposes of sub-paragraph (4)) on the

 

second working day after the day on which it is posted; and for this purpose

 

“working day” means any day other than a Saturday, Sunday or a public

 

holiday in England and Wales.

 

      (7)  

When the notice is given it must be accompanied by any evidence prescribed

 

under paragraph 6D.

 

6C  (1)  

A notice which is to be relied on as a notice to keeper for the purposes of

 

paragraph 6(1)(b) is given in accordance with this paragraph if the following

 

requirements are met.

 

      (2)  

The notice must—

 

(a)    

specify the vehicle, the relevant land on which it was parked and the

 

period of parking to which the notice relates;

 

(b)    

inform the keeper that the driver is required to pay parking charges in

 

respect of the specified period of parking and that the parking charges

 

have not been paid in full;

 

(c)    

describe the parking charges due from the driver as at the end of that

 

period, the circumstances in which the requirement to pay them arose

 

(including the means by which the requirement was brought to the

 

attention of drivers) and the other facts that made them payable;

 

(d)    

specify the total amount of those parking charges that are unpaid, as at

 

a time which is—

 

(i)    

specified in the notice; and

 

(ii)    

no later than the end of the day before the day on which the

 

notice is either sent by post or, as the case may be, handed to

 

or left at a current address for service for the keeper (see sub-

 

paragraph (4));

 

(e)    

state that the creditor does not know both the name of the driver and a

 

current address for service for the driver and invite the keeper—

 

(i)    

to pay the unpaid parking charges; or

 

(ii)    

if the keeper was not the driver of the vehicle, to notify the

 

creditor of the name of the driver and a current address for

 

service for the driver and to pass the notice on to the driver;

 

(f)    

warn the keeper that if, after the period of 28 days beginning with the

 

day after that on which the notice is given—

 

(i)    

the amount of the unpaid parking charges specified under

 

paragraph (d) has not been paid in full, and

 

(ii)    

the creditor does not know both the name of the driver and a

 

current address for service for the driver,


 
 

Consideration of Bill: 10 October 2011                  

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Protection of Freedoms Bill, continued

 
 

    

the creditor will (if all the applicable conditions under this Schedule

 

are met) have the right to recover from the keeper so much of that

 

amount as remains unpaid;

 

(g)    

inform the keeper of any discount offered for prompt payment and the

 

arrangements for the resolution of disputes or complaints that are

 

available;

 

(h)    

identify the creditor and specify how and to whom payment or

 

notification to the creditor may be made;

 

(i)    

specify the date on which the notice is sent (where it is sent by post)

 

or given (in any other case).

 

      (3)  

The notice must relate only to a single period of parking specified under sub-

 

paragraph (2)(a) (but this does not prevent the giving of separate notices which

 

each specify different parts of a single period of parking).

 

      (4)  

The notice must be given by—

 

(a)    

handing it to the keeper, or leaving it at a current address for service

 

for the keeper, within the relevant period; or

 

(b)    

sending it by post to a current address for service for the keeper so that

 

it is delivered to that address within the relevant period.

 

      (5)  

The relevant period for the purposes of sub-paragraph (4) is the period of 14

 

days beginning with the day after that on which the specified period of parking

 

ended.

 

      (6)  

A notice sent by post is to be presumed, unless the contrary is proved, to have

 

been delivered (and so “given” for the purposes of sub-paragraph (4)) on the

 

second working day after the day on which it is posted; and for this purpose

 

“working day” means any day other than a Saturday, Sunday or a public

 

holiday in England and Wales.

 

      (7)  

When the notice is given it must be accompanied by any evidence prescribed

 

under paragraph 6D.

 

6D  (1)  

The appropriate national authority may by regulations made by statutory

 

instrument prescribe evidence which must accompany a notice which is to be

 

relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or

 

paragraph 6(1)(b) (as the case may be).

 

      (2)  

The regulations may in particular make provision as to—

 

(a)    

the means by which any prescribed evidence is to be generated or

 

otherwise produced (which may include a requirement to use

 

equipment of a kind approved for the purpose by a person specified in

 

the regulations); or

 

(b)    

the circumstances in which any evidence is, or is not, required to

 

accompany a notice to keeper.

 

      (3)  

The regulations may—

 

(a)    

include incidental, supplementary, transitional, transitory or saving

 

provision;

 

(b)    

make different provision for different purposes.’.

 


 

Secretary Theresa May

 

60

 

Page  116,  line  23  [Schedule  4],  leave out paragraph 7 and insert—

 

‘7  (1)  

The third condition is that—


 
 

Consideration of Bill: 10 October 2011                  

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Protection of Freedoms Bill, continued

 
 

(a)    

the creditor (or a person acting for or on behalf of the creditor) has

 

made an application for the keeper’s details in relation to the period of

 

parking to which the unpaid parking charges relate;

 

(b)    

the application was made during the relevant period for the purposes

 

of paragraph 6B(4) (where a notice to driver has been given) or 6C(4)

 

(where no notice to driver has been given);

 

(c)    

the information sought by the application is provided by the Secretary

 

of State to the applicant.

 

      (2)  

The third condition only applies if the vehicle is a registered vehicle.

 

      (3)  

In this paragraph “application for the keeper’s details” means an application

 

for the following information to be provided to the applicant by virtue of

 

regulations made under section 22(1)(c) of the Vehicle Excise and Registration

 

Act 1994—

 

(a)    

the name of the registered keeper of the vehicle during the period of

 

parking to which the unpaid parking charges relate; and

 

(b)    

the address of that person as it appears on the register (or, if that person

 

has ceased to be the registered keeper, as it last appeared on the

 

register).’.

 


 

Secretary Theresa May

 

61

 

Page  117,  line  2  [Schedule  4],  at end insert—

 

‘7A(1)  

The fourth condition is that any applicable requirements prescribed under this

 

paragraph were met at the beginning of the period of parking to which the

 

unpaid parking charges relate.

 

      (2)  

The appropriate national authority may by regulations made by statutory

 

instrument prescribe requirements as to the display of notices on relevant land

 

where parking charges may be incurred in respect of the parking of vehicles on

 

the land.

 

      (3)  

The provision made under sub-paragraph (2) may, in particular, include

 

provision—

 

(a)    

requiring notices of more than one kind to be displayed on any relevant

 

land;

 

(b)    

as to the content or form of any notices required to be displayed; and

 

(c)    

as to the location of any notices required to be displayed.

 

      (4)  

Regulations under this paragraph may—

 

(a)    

include incidental, supplementary, transitional, transitory or saving

 

provision;

 

(b)    

make different provision for different areas or purposes.’.

 

Secretary Theresa May

 

78

 

Page  117,  line  2  [Schedule  4],  at end insert—

 

‘Hire vehicles

 

7B  (1)  

This paragraph applies in the case of parking charges incurred in respect of the

 

parking of a vehicle on relevant land if—

 

(a)    

the vehicle was at the time of parking hired to any person under a hire

 

agreement with a vehicle-hire firm; and


 
 

Consideration of Bill: 10 October 2011                  

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Protection of Freedoms Bill, continued

 
 

(b)    

the keeper has been given a notice to keeper within the relevant period

 

for the purposes of paragraph 6B(4) or 6C(4) (as the case may be).

 

      (2)  

The creditor may not exercise the right under paragraph 4 to recover from the

 

keeper any unpaid parking charges specified in the notice to keeper if, within

 

the period of 28 days beginning with the day after that on which that notice was

 

given, the creditor is given—

 

(a)    

a statement signed by or on behalf of the vehicle-hire firm to the effect

 

that at the material time the vehicle was hired to a named person under

 

a hire agreement;

 

(b)    

a copy of the hire agreement; and

 

(c)    

a copy of a statement of liability signed by the hirer under that hire

 

agreement.

 

      (3)  

The statement of liability required by sub-paragraph (2)(c) must—

 

(a)    

contain a statement by the hirer to the effect that the hirer

 

acknowledges responsibility for any parking charges that may be

 

incurred with respect to the vehicle while it is hired to the hirer;

 

(b)    

include an address given by the hirer (whether a residential, business

 

or other address) as one at which documents may be given to the hirer;

 

            

(and it is immaterial whether the statement mentioned in paragraph (a) relates

 

also to other charges or penalties of any kind).

 

      (4)  

A statement required by sub-paragraph (2)(a) or (c) must be in such form (if

 

any) as may be prescribed by the appropriate national authority by regulations

 

made by statutory instrument.

 

      (5)  

The documents mentioned in sub-paragraph (2) must be given by—

 

(a)    

handing them to the creditor;

 

(b)    

leaving them at any address which is specified in the notice to keeper

 

as an address at which documents may be given to the creditor or to

 

which payments may be sent; or

 

(c)    

sending them by post to such an address so that they are delivered to

 

that address within the period mentioned in that sub-paragraph.

 

      (6)  

In this paragraph and paragraph 7C—

 

(a)    

“hire agreement” means an agreement which—

 

(i)    

provides for a vehicle to be let to a person (“the hirer”) for a

 

period not exceeding 6 months (whether or not the period is

 

capable of extension by agreement between the parties so as

 

to exceed 6 months); and

 

(ii)    

is not a hire-purchase agreement within the meaning of the

 

Consumer Credit Act 1974;

 

(b)    

any reference to the currency of a hire agreement includes a reference

 

to any period during which, with the consent of the vehicle-hire firm,

 

the hirer continues in possession of the vehicle as hirer, after the expiry

 

of any period specified in the agreement but otherwise on terms and

 

conditions specified in it; and

 

(c)    

“vehicle-hire firm” means any person engaged in the hiring of vehicles

 

in the course of a business.

 

7C  (1)  

If—

 

(a)    

the creditor is by virtue of paragraph 7B(2) unable to exercise the right

 

to recover from the keeper any unpaid parking charges mentioned in

 

the notice to keeper, and

 

(b)    

the conditions mentioned in sub-paragraph (2) below are met,

 

            

the creditor may recover those charges (so far as they remain unpaid) from the

 

hirer.


 
 

Consideration of Bill: 10 October 2011                  

3420

 

Protection of Freedoms Bill, continued

 
 

      (2)  

The conditions are that—

 

(a)    

the creditor has within the relevant period given the hirer a notice in

 

accordance with sub-paragraph (5) (a “notice to hirer”), together with

 

a copy of the documents mentioned in paragraph 7B(2) and the notice

 

to keeper;

 

(b)    

a period of 21 days beginning with the day on which the notice to hirer

 

was given has elapsed; and

 

(c)    

the vehicle was not a stolen vehicle at the beginning of the period of

 

parking to which the unpaid parking charges relate.

 

      (3)  

In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning

 

with the day after that on which the documents required by paragraph 7B(2)

 

are given to the creditor.

 

      (4)  

For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to be

 

a stolen vehicle at the material time, unless the contrary is proved.

 

      (5)  

The notice to hirer must—

 

(a)    

inform the hirer that by virtue of this paragraph any unpaid parking

 

charges (being parking charges specified in the notice to keeper) may

 

be recovered from the hirer;

 

(b)    

refer the hirer to the information contained in the notice to keeper;

 

(c)    

warn the hirer that if, after the period of 21 days beginning with the

 

day after that on which the notice to hirer is given, the amount of

 

unpaid parking charges referred to in the notice to keeper under

 

paragraph 6B(2)(f) or 6C(2)(f) (as the case may be) has not been paid

 

in full, the creditor will (if any applicable requirements are met) have

 

the right to recover from the hirer so much of that amount as remains

 

unpaid;

 

(d)    

inform the hirer of any discount offered for prompt payment and the

 

arrangements for the resolution of disputes or complaints that are

 

available;

 

(e)    

identify the creditor and specify how and to whom payment may be

 

made; and

 

(f)    

specify the date on which the notice is sent (if it is sent by post) or

 

given (in any other case).

 

      (6)  

The documents mentioned in sub-paragraph (2)(a) must be given by—

 

(a)    

handing them to the hirer;

 

(b)    

leaving them at an address which is either—

 

(i)    

an address specified in the statement of liability mentioned in

 

paragraph 7B(2)(c) as an address at which documents may be

 

given to the hirer; or

 

(ii)    

an address at which documents relating to civil proceedings

 

could properly be served on the hirer under Civil Procedure

 

Rules; or

 

(c)    

sending them by post to such an address so that they are delivered to

 

that address within the relevant period for the purposes of sub-

 

paragraph (2)(a).’.

 

Secretary Theresa May

 

62

 

Page  117  [Schedule  4],  leave out lines 17 to 34 and insert—

 

‘9  (1)  

The appropriate national authority may by order made by statutory instrument

 

amend this Schedule for the purpose of—

 

(a)    

amending the definition of “relevant land” in paragraph 3;


 
 

Consideration of Bill: 10 October 2011                  

3421

 

Protection of Freedoms Bill, continued

 
 

(b)    

adding to, removing or amending any of the conditions to which the

 

right conferred by paragraph 4 is for the time being subject.

 

      (2)  

The power to amend this Schedule for the purpose mentioned in sub-paragraph

 

(1)(b) includes, in particular, power to add to, remove or amend—

 

(a)    

any provisions that are applicable for the purposes of a condition; and

 

(b)    

any powers of the appropriate national authority to prescribe anything

 

for the purposes of a condition by regulations made by statutory

 

instrument.

 

      (3)  

An order under this paragraph may—

 

(a)    

include incidental, supplementary, transitional, transitory or saving

 

provision;

 

(b)    

make different provision for different purposes.

 

10  (1)  

A statutory instrument containing regulations under any provision of this

 

Schedule is subject to annulment by—

 

(a)    

a resolution of either House of Parliament (in the case of regulations

 

made by the Secretary of State); or

 

(b)    

a resolution of the National Assembly for Wales (in the case of

 

regulations made by the Welsh Ministers).

 

      (2)  

A statutory instrument containing an order made under paragraph 9—’.

 


 

New Clauses and New Schedules relating to, and Amendments to, Chapter

 

1 of Part 2

 

CCTV and crime prevention and detection

 

Clive Efford

 

Vernon Coaker

 

Diana Johnson

 

Mark Tami

 

Yvette Cooper

 

NC16

 

To move the following Clause:—

 

‘The Secretary of State must commission a report by Her Majesty’s Inspectorate

 

of Constabulary into the use of CCTV by the police and local authorities as a

 

measure for the prevention and detection of crime.’.

 


 

Clive Efford

 

Vernon Coaker

 

Diana Johnson

 

Mark Tami

 

Yvette Cooper

 

110

 

Page  20,  line  7  [Clause  29],  leave out ‘a code of practice containing’.


 
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Revised 10 October 2011