HC Deb 30 July 1956 vol 557 cc1065-6

Lords Amendment agreed to: In page 18, line 12, leave out "to pay when it is due" and insert "duly to pay".

Lords Amendment: In page 18, line 23, at end insert: (2) In relation to an offence under paragraph (a) of the last foregoing subsection of leaving a vehicle for longer after the excess charge has been incurred than the time prescribed under subsection (5) of the last foregoing section, or failing duly to pay any charge payable under section sixteen of this Act, the reference in the said paragraph (a) to the driver of a vehicle shall be construed as references to the person driving the vehicle at the time it was left in the parking place.

Mr. Watkinson

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is a drafting Amendment again to paragraph (a) of Clause 18 (1) to make clear that the reference in the paragraph to the driver of the vehicle is always to be construed as reference to the person who was driving the vehicle at the time it was left in the parking place.

Lords Amendment agreed to: In page 18, line 34, after "been" insert "duly".

Lords Amendment: In page 18, line 40, at end insert: (5) Where in any proceedings for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but is proved that the initial charge has not been paid, the defendant may be convicted of an offence under this section of failing to pay the initial charge.

Mr. Molson

I beg to move, That this House doth agree with the Lords in the said Amendment.

The Amendment meets the situation which might arise where a driver is prosecuted for failing to pay the excess charge and it turns out on the facts that, although his car was found standing in front of a meter which showed the time-expired indication, he had left it there for less than the minimum period for which such payment was due and that what had happened was that he either failed to make the proper payment and start the mechanism of the meter working or left the car in front of a meter which was still recording the time paid for by a previous motorist. I think I have got that wrong—

Mr. Ernest Davies

The right hon. Gentleman has read that once.

An Hon. Member

The right hon. Gentleman is in front of the wrong meter.

Mr. Molson

In each case, although his car was found there, he had left it there for less than the minimum period for which such payment is due and what had happened was that he had either failed to make the proper payment and start the mechanism of the meter working, or he had left the car in front of a meter which was still recording the time paid for by a previous motorist and did not insert any coin in the meter. In each case he will have committed an offence, but the true facts may not be discovered until a summons has been issued against him for not paying the excess charge. In such a case the offence charged will not have been committed, but, unless the motorist has some other explanation altogether, he should be convicted of the offence which he will in fact have committed. This Amendment will enable the court to do this.