Protection of Freedoms Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 54

BARONESS HAYTER OF KENTISH TOWN

 

Page 40, line 13, at end insert—

“(2A) An offence is not committed under subsection (1) by a relevant person if—

(a) the vehicle is not registered under the Vehicle Excise and Registration Act 1994; or

(b) the relevant person in question has reason to believe the vehicle is registered under the Vehicle Excise and Registration Act 1994, but that the registration details are incorrect.

(2B) An offence is not committed under subsection (1)(b) in cases where—

(a) the vehicle is parked in such a way that it—

(i) prevents the parking of vehicles elsewhere on land under the same ownership or control as the land on which the vehicle is parked; or

(ii) prevents or restricts the passage of other vehicles or of individuals on that land; or

(b) the land on which the vehicle is parked is designated for parking by residents of specific dwellings or by their guests; or

(c) the vehicle is a vehicle designated or adapted for towing by a mechanically propelled vehicle.

(2C) The defences under subsections (2A) or (2B) are, in relation to a person who immobilised, moved or restricted the movement of the vehicle in question in the course of a business, only available if the person in question—

(a) was a member of a trade association accredited for the purpose of the subsection in question by the appropriate national authority; and

(b) acted in compliance with any code of practice approved for the purpose of the subsection in question by the appropriate national authority.”

Schedule 4

BARONESS HAYTER OF KENTISH TOWN

 

Page 126, line 10, at end insert—

“(c) the creditor (or the person acting for or on behalf of the creditor under any provision of this Schedule) is a member of a trade association accredited for the purposes of this Schedule by the appropriate national authority”

 

Page 127, line 21, after “for” insert “appeals under paragraph 10A or”

 

Page 128, line 22, after “for” insert “appeals under paragraph 10A or”

 

Page 129, line 34, after “for” insert “appeals under paragraph 10A or”

 

Page 130, line 22, at end insert—

“Appeals

10A (1) The appropriate national authority may make provision by regulations made by statutory instrument entitling the relevant person to appeal in respect of—

(a) a claim for unpaid parking charges; or

(b) the payment of parking charges relating to the release of a vehicle from an immobilisation device.

(2) Regulations made under this paragraph must specify the grounds on which an appeal may be made.

(3) The regulations may make such provision in connection with the rights conferred as appears to the appropriate national authority to be appropriate, and may in particular make provision—

(a) as to the time within which an appeal may be made (which in respect of a claim for unpaid charges may be no earlier than the date on which the creditor gives to the keeper a written demand for payment),

(b) requiring supporting evidence in such circumstances as may be specified,

(c) generally as to the making, determination and effect of, and procedure in connection with, appeals.

(4) The regulations may provide that the function of a person to whom an appeal is made on an appeal is to decide whether to direct the creditor to refund the parking charge in whole or in part and, where appropriate, cancel his claim for payment of the unpaid parking charge.

(5) In this paragraph “the relevant person” means—

(a) a person to whom a written demand has been given, following the giving or sending of a notice under paragraph 6; or

(b) a person who has paid a parking charge in respect of the release of a vehicle from an immobilisation device.

(6) Regulations under this section shall make provision for and in connection with the person to whom an appeal may be made.

(7) That person may in particular be—

(a) a person exercising functions of adjudication or the hearing of appeals under another enactment;

(b) a body established 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.

(8) A statutory instrument containing regulations under this paragraph—

(a) in the case of regulations made by the Secretary of State, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(b) in the case of regulations made by the Welsh Ministers, is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”

Prepared 22nd November 2011