HC Deb 31 May 1956 vol 553 cc556-7
Mr. Watkinson

I beg to move, in page 14, line 8, to leave out from the beginning to the second "or" and insert: when it is due any charge payable under section thirteen of this Act. This is a drafting Amendment consequential on the Amendment to Clause 13, page 12, line 14, which provides for parking places at which long-term parking may take place.

Amendment agreed to.

Mr. Deedes

I beg to move, in page 14, line 25, at the end to insert: (3) Where, in any proceedings in England or Wales for an offence under this section of failing to pay any charge, it is proved that the amount which has become due, or any part of that amount, has not been paid, the court shall order the payment of the sum not paid, and any sum ordered to be paid by virtue of this subsection shall be recoverable as a penalty. The purpose of this Amendment is to provide that where a motorist is charged with failing to pay any charge which he should have paid that is to say, the initial or the excess charge in relation to short-term parking places—and it is proved that the charge should have been paid and was not paid, the same court which finds him guilty of the offence of failing to pay the amount, is required to order the payment, in addition to any fine, of the sum which has not been paid, and the sum shall be recoverable as a penalty.

This Amendment, in effect, will eliminate the necessity for two separate court proceedings. The motorist who has left his vehicle in a parking place without paying the appropriate charge is guilty of an offence, but his conviction in a magistrates' court will still leave due from him the charge which he did not pay originally, and the local authority responsible for administering the parking place would, unless this Amendment were made, have to take separate proceedings in the county court to recover the charge, which would involve additional work falling on it and on the attendants. This Amendment, in effect, makes two proceedings one.

Amendment agreed to.

Mr. Watkinson

I beg to move, in page 14, line 26, to leave out subsection (3).

This Amendment is purely consequential, necessitated by the Amendment to Clause 13, page 12, line 1.

Amendment agreed to.

Further Amendment made: In page 14, line 34, leave out from "place" to "being" in line 35.—[Mr. Watkinson.]