Clause 68 - Civil penalties for road traffic contraventions
Traffic Management Bill
9:25 am
Mr Christopher Chope (Christchurch, Conservative)
As my right hon. Friend says, deliberately. The AA points out that that is oppressive. It could amount to extortion. It involves the threat of a much greater penalty, and inhibits people from taking complaints to the parking adjudicator or making representations to the enforcement authority.
Amendment No. 129 raises the issue of why a penalty charge should be imposed in circumstances other than those set out in subsection (4). It is a probing amendment. I would be grateful if the Minister would give some examples of what he has in mind. Amendment No. 130 would ensure proper provision for exemptions, discounts and surcharges, and would make that mandatory rather than discretionary.
More important than the relatively technical amendments is amendment No. 131, which would require that no penalty charge be imposed for
''any description of conduct in which there is a reasonable excuse having regard to the circumstances at the time.''
There are hosts of examples of unreasonable behaviour on the part of enforcement officials. Let us compare them with police officers. Even in respect of offences of strict liability, police officers exercise their discretion.