Clause 68 - Civil penalties for road traffic contraventions
Traffic Management Bill
9:25 am
Mr Christopher Chope (Christchurch, Conservative)
The hon. Gentleman makes a good point. The example that he cites is horrendous, but unfortunately it is not unique when we are talking about what happens in private car parks where the service has been contracted out. Such things also regularly happen on the streets, where the enforcement is under direct local authority control. I look forward to hearing what the Minister has to say about that. One of the amendments in this group requires that enforcement be proportionate and reasonable. Local
authorities should certainly apply that criterion, both to offences committed on the highway and in private car parks.
Amendment No. 50 is a technical amendment. It arises from an issue brought to my attention by the AA. The amendment states that regulations shall provide that a challenge to a penalty notice
''may be made immediately the notice has been received.''
The existing rules prevent anybody appealing against an enforcement notice in the first 14 days. I am sure that that cannot have been the intention of the Government at the time. The existing rules mean that people lose the right to a discounted penalty.