New Clause 2 - Registration of car park operators
Vehicles (Crime) Bill
11:45 am
Mr David Chidgey (Eastleigh, Liberal Democrat)
That may be the case, but the terms and conditions set out at the entrance to a car park are those imposed by the car park owner on the car owner. The new clause would impose obligations on the car park operator. It has been established in case law over more than 50 years that the person driving the car into the car park purchases no more than a licence to park there and has no protection whatever. Many, if not most, car park operators in Britain do not provide even basic levels of security in their car parks, so it is hardly surprising that 25 per cent. of car crime occurs in car parks. That is significant because, on Second Reading, the Home Secretary said that he hoped to reduce car crime by 10 per cent.—that was the Prime Minister's target—yet 25 per cent. of that car crime is neglected by the Bill as it stands.
Car crime drops dramatically when a car park operator introduces anti-vehicle crime measures, especially when the operator decides to develop the car park to secured car park award standards. The fact that car parks are not included in consumer protection regulation is an anachronism. Motorists and car owners, like other consumers, have the right to expect high levels of protection. It could be argued that consumers may have to go to court to prove that they are right, that they can simply claim from their insurance companies for the loss suffered, or that car park operators could insure their car parks against third party claims—but those arguments miss the point.
Motorists parking in car parks have no rights at all. It is pointless for them to claim against the operator because, uniquely, the law is wholly on the side of the service provider rather than the consumer. The new clause would not place the total liability on car park operators for the protection and security of cars parked on their property. We propose instead a means by which we would place an obligation that the operator take reasonable measures to protect motorists' property in exchange for the parking charge paid.