HC Deb 31 May 1956 vol 553 cc549-53
Mr. Watkinson

I beg to move, in page 11, line 43, to leave out from the first "The" to "expiration" in line 44.

9.15 p.m.

Perhaps I might explain that this and the next four Amendments are all relatively minor Amendments dealing with the question of parking meters, and putting right certain minor anomalies. Having explained the general point, perhaps I might explain them quickly as we go along.

The one you have now called, Mr. Deputy-Speaker, merely deals with a possible means of defence of somebody who had contravened the regulations; the purpose of it is to make it inappropriate to speak of measuring the time for which the motorist paid. Unless these words are omitted, a motorist charged with an offence under this provision might plead that the kind of meter being used did not comply with the description provided for in the Bill.

Amendment agreed to.

Mr. Watkinson

I beg to move, in page 12, line 1, to leave out from "charge" to "of" in line 3 and to insert: shall, if it is so provided in the order designating the parking place, be taken, unless the contrary is proved, to have occurred at such time as may be indicated in the prescribed manner by an apparatus. This is related to the Amendment to Clause 13 in page 11, line 43. Again, it is really a minor amendment providing that a parking place order may provide that the expiration of the period for which payment, by the initial charge, was made is to be taken to have occurred at such time as may be indicated in the prescribed manner by the apparatus. In other words, it is again a matter of clarification.

Amendment agreed to.

Further Amendments made: In page 12, line 4, leave out "parking meters are" and insert "such apparatus is".

In line 7, leave out "parking meters" and insert "apparatus".

In line 8, leave out "parking meters are not" and insert "no such apparatus is".—[Mr. Watkinson.]

Mr. Molson

I beg to move, in page 12, line 14, at the end to insert: (6) An order under this Act designating a parking place may prescribe that the following provisions shall have effect in relation thereto in substitution for the four last foregoing subsections, that is to say—

  1. (a) the amount of the charge for a vehicle left in the parking place at any period of the day prescribed by the order shall be such amount as may be so prescribed, irrespective of the time for which the vehicle is left;
  2. (b) the charge shall be payable either on the leaving of the vehicle or on its being taken away, as may be prescribed;
  3. (c) if it is so prescribed, the charge shall be payable by the insertion of coins in an apparatus provided for the purpose of such description as may be prescribed, and, unless the contrary is proved, the charge shall be taken to have been paid or not to have been paid as may be indicated by the apparatus in the prescribed manner,
(7) Any such apparatus as is mentioned in subsections (4) or (6) of this section is hereinafter referred to as a parking meter. Yesterday afternoon I described to the House as fully as I could how we contemplate that parking meters will be used for short-term parking. My right hon. Friend is anxious that arrangements for parking in London streets should be of as flexible a kind as possible. For that reason, he has set up a Committee, under the Chairmanship of Mr. Alec Samuels, to go into the whole question of parking that can be provided on the streets.

He has it in mind that there may be cases where it will be proper and desirable that there should be long-term parking. The effect of this Amendment is to make it possible to introduce a different type of parking place from that equipped with parking meters, of which I spoke yesterday, where there will be no maximum time prescribed for parking and for which there will be a flat charge payable to an attendant, either when the vehicle is left in the parking place or at the time when it is taken away, or else payable through a machine, in the Bill referred to as "an apparatus".

Parking places of this type are referred to as long-term parking places, in contrast to the other type which are referred to as short-term parking places. The purpose of this Amendment is to enable parking places to be designated under the Bill, where vehicles may on payment of the requisite charge, wait for relatively long periods. The Amendment gives effect to an essential part of my right hon. Friend's parking policy for Central London, in which a balance has to be struck between the needs of short-term parkers and longer-term parkers. Some parking facilities are to be provided if possible on the highway for the latter at a relatively high cost. Vehicles will be able to wait at those long-term parking places for the whole day at a fee which it is intended will be comparable to the charge made for a similar period at a garage. I hope the Committee will agree that it is desirable while we are dealing with this Bill that arrangements shall be as flexible as possible for dealing with parking accommodation on the streets.

Mr. Ernest Davies

I wonder if the Joint Parliamentary-Secretary can explain this matter a little further? Yesterday the Minister took power to start experimental parking places. The Joint Parliamentary Secretary gave at some length an explanation of what he had in mind for the short-term parker. This is the first time we have had any reference to long-term parking except with the use of parking meters. In the schemes in London are the long-term parking facilities to be part of the experimental scheme with large-scale areas of short-term parking in Westminster, as has been suggested? I hope that the answer is in the affirmative because short-term parking with meters will not be fully effective unless the long-term parking is also provided.

Mr. Watkinson

The answer is in the affirmative and we would wish to give the expert Committee the maximum flexibility. The hon. Member for Enfield, East (Mr. Ernest Davies) may remember that in its terms of reference the Committee was to look at three types of parking, very short-term, ordinary short-term and longer-term parking. It may be that there will be some places on the streets which the Committee might recommend to me should be used for all-day parking—where there is a cul-de-sac or some road which does not carry any traffic. It may be the view of the Committee that those places should be used.

Sir P. Roberts

I welcome this new advance in regard to long-term parking which I think will meet a real need. I wish to ask a question on paragraph (c). It seems that the authority is moving the onus of proof to the person using the machine when the machine goes wrong. As I read the paragraph, it seems that if someone puts money into a meter and it does not register, unless it is proved to the contrary, the charge may be taken not to have been paid. In other words, an authority will be putting the burden of proof on the other side. That seems to be wrong. I thought it should be the other way round, because it will be practically impossible to prove that money has been put into a meter. I wonder why the Minister is choosing this method and not giving the benefit of the doubt to the person using the meter.

Mr. Molson

It is quite deliberately our intention that the burden of proof should be on the user of the meter. If that were not so, on every occasion when it was alleged that a motorist had outstayed his two hours he would allege that the parking meter had not worked properly and the burden would be on the local authority, or on my right hon. Friend, to prove that in that case the parking meter had worked correctly. It is manifest that in the vast majority of cases where a person becomes liable to an excess charge it is more likely that he has overstayed his welcome than that the meter was defective.

Sir P. Roberts

Not necessarily. Amendment agreed to.

Mr. Watkinson

I beg to move, in page 12, line 21, to leave out from "occasions)" to "and" in line 22.

This Amendment is to remove unnecessary control which the Bill as at present drafted would require me to exercise over the use of parking meters. It is not reasonable now for me to have powers to appoint persons to inspect and test the meters. It is better to leave that to the local authorities.

Amendment agreed to.

Further Amendment made: In page 12, line 24, leave out from "tested" to end of line 26.—[Mr. Watkinson.]