Private Parking: Ports and Trading Estates — House of Commons, 2018-12-11
Topic: Transportation
Daniel Leonard James Poulter (Conservative, Centre-right): I entirely agree with the hon. Gentleman. We know from the behaviour of Proserve and from the example that he has just raised that these companies are often operating without any legal framework, and that there is no proper appeals process available to the victims of those companies. I have been talking about the commercial environment, but I believe that he was talking more from a private citizen’s perspective. However, the examples are certainly comparable. This is borne out even further by my next example Bartrums is a large haulage company in Eye, in the north of Suffolk. Andrew Watton, its chief executive officer, has told me: "For a number of years, Bartrums haulage have been dogged by over-zealous parking enforcement to the point of almost extortion"— by Proserve in Felixstowe "This enforcement company is not part of any parking enforcement association and therefore has no appeals process to the fines for which they impose. The fines and charges are excessive and when you complain or challenge the penalty via Bidwell’s"— the managing agents— "you are then charged an additional management fee. Hauliers who fail to make payment of the fine imposed are then banned from site (an area which makes up a substantial proportion of Felixstowe Port). The fines are imposed for stopping anywhere on the carriageway across the controlled area. The fines are in the region of £250…This is under the offence of trespass. Many hauliers across the UK are victim to this sharp practice and growing in number. We have now got to the point of taking group action against Trinity College directly, as previous legal actions against Proserve have failed. This is a restrictive practice, and some select local hauliers in the local area are exempt from these fines, which is anti-competitive." As I mentioned earlier, companies may be exempted from these fines because they pay Proserve a fee in order to be given better treatment. That does not sound like a fair or ethical way of running a parking enforcement company in a port the size of Felixstowe. It sounds like extortion, because if the hauliers do not pay, they get fined. I hope that the Minister will be able to look into this Andrew Watton continued: "Trinity are obliged to look at mitigating these charges, which they have failed to do." Trinity College’s failure to engage with the process throughout has been woeful I want to give one last example. FTS Hatswell Ltd tells me: "Proserve is a company who work on behalf of the landowners at Trinity Distribution Park…They are issuing trespass notices and heavy fines even if you stop to ask for directions. Last week I got a call from another Haulier whose driver stopped as he had hit something lying in the road" Yet he still got a fine and a trespass notice. The company continued: "FTS Hatswell Limited are currently banned from both sites" that Proserve runs, "and even the BP garage by the estate. They are not able to obtain owner details from the DVLA as they don’t belong to a parking enforcement body." The challenge for the Minister is to meet the three tests that I have set out. Clearly, a parking enforcement company is behaving unethically and affecting hauliers all over the UK. It affects the productivity and functioning of Felixstowe port, which is the biggest container port in the country. I know that the Government will want to address that, given the looming decisions on Brexit and the importance of overseas trade Setting aside the inertia and disappointing behaviour of Trinity College and its agents, Bidwells, there are many concerns that need to be addressed. First, the Government need to ensure that all commercial car parking companies are properly regulated and signed up to a trade body and an appeals regulator, who can consider their actions fairly and ensure fairness and transparency in the appeals process. Secondly, we need to ensure that Suffolk Trading Standards is supported to take appropriate action against Proserve, and Bidwells and Trinity College. Thirdly, we should investigate setting up a proper regulatory system for commercial parking enforcement to support the haulage industry and prevent the unethical and anti-competitive behaviour of companies such as Proserve I look forward to the Minister’s response and thank her for taking the time to listen to the points I have raised on behalf of the haulage industry in Suffolk and elsewhere.