Protection of Freedoms bill schedule 4, draft e-mail to MP

anewman

Thought it might be worth starting a thread to collaboratively work towards a concise and comprehensive e-mail that can be sent to mp's to convince them schedule 4 of the Protection of Freedoms bill is a bad idea.

Here's my first draft, if you want you can copy it and modify it or make a note of any points that are wrong or missing etc - basically anything to help improve it. Some text already stolen from Coupon-Mad

I am writing to you as my local MP to express my strong opposition to Schedule 4 of the proposed Protection of Freedoms bill. Details of which can be read at https://www.publications.parliament.uk/pa/cm201011/cmbills/146/11146.101-107.html#j800s In brief the Schedule proposes that private companies should have the right to recover unpaid parking charges from the registered keeper of a vehicle, even if someone else was driving at the time.

There are a number of problems with this proposal. These include:

• Private companies would be allowed to charge for any 'contravention' they allege (these could be as ridiculous as parking on a crack, or having a blue car)
• There is no limit specified on how much money they can charge for any contravention (current contract law makes provisions for claims of actual losses only)
• There is no burden of proof on the private company to prove contraventions (Councils are required by law to give proof!)
• There is no proposals for an independent appeal process or independent adjudicator (Councils are required by law to provide this!)
• Without the burden of proof resting on the private parking company, charges could be made up against unsuspecting car owners who were never even there, which under this law they would be forced to pay
• Small claims courts would be swamped with cases from private parking companies
• Any reference to the British Parking Association being a regulator is a misnomer as the BPA is merely a trade organisation

Sirdan

Quick thought, although I get what you mean the "burden of proof" is still on the claimant in civil proceedings.

Albeit that it only has to be to the civil standard of "balance of probability".

Sirdan

anewman wrote: »

S
[*]There is no limit specified on how much money they can charge for any contravention (current contract law makes provisions for claims of actual losses only)

[/LIST]

I still remain to be convinced of this ..if the charge for the "service" of staying longer than a max limit is clearly displayed ..then why is that charge not enforceable in a contract please explain.

By analogies we have bank charges for refused direct debits etc ..these are charges not penalties but they are not actual losses or damages are they ??
Happy to be corrected but if the contract is formed properley surely a landowner can charge what he likes for his "service". Unless of course the Bill makes a provision to cap this .

SodG24

As well as your own MP it is probably worth lobbying the whole Government - email addresses below ( which makes it an easy cut and paste into the BCC field of your email.

Prime Minister
David Cameron MP [EMAIL="camerond@parliament.uk"]camerond@parliament.uk[/EMAIL]
Deputy Prime Minister
Nick Clegg MP [EMAIL="cleggn@parliament.uk"]cleggn@parliament.uk[/EMAIL]

Business, Innovation & Skills (BIS)
Secretary of State Vince Cable MP [EMAIL="cablev@parliament.uk"]cablev@parliament.uk[/EMAIL]
Business, Innovation & Skills (BIS) Minister for Universities & Science David Willetts MP [EMAIL="willettsd@parliament.uk"]willettsd@parliament.uk[/EMAIL]
Business, Innovation & Skills (BIS) Minister Mark Prisk MP [EMAIL="priskm@parliament.uk"]priskm@parliament.uk[/EMAIL]
Business, Innovation & Skills (BIS) Minister John Hayes MP [EMAIL="hayesj@parliament.uk"]hayesj@parliament.uk[/EMAIL]
Business, Innovation & Skills (BIS) Under-Secretary Edward Davey MP [EMAIL="daveye@parliament.uk"]daveye@parliament.uk[/EMAIL]
Business, Innovation & Skills (BIS) Under-Secretary Judith Wilcox (Baroness, unelected) [EMAIL="wilcoxj@parliament.uk"]wilcoxj@parliament.uk[/EMAIL]

Communities and Local Government
Secretary of State Eric Pickles MP [EMAIL="picklese@parliament.uk"]picklese@parliament.uk[/EMAIL]
Communities and Local Government Minister Grant Shapps MP [EMAIL="shappsg@parliament.uk"]shappsg@parliament.uk[/EMAIL]
Communities and Local Government Minister Greg Clark MP [EMAIL="gregclarkmp@parliament.uk"]gregclarkmp@parliament.uk[/EMAIL]
Communities and Local Government Under-Secretary Bob Neill MP [EMAIL="neillb@parliament.uk"]neillb@parliament.uk[/EMAIL]
Communities and Local Government Under-Secretary Andrew Stunell MP [EMAIL="stunella@parliament.uk"]stunella@parliament.uk[/EMAIL]
Communities and Local Government Under-Secretary Joan Hanham (Baroness, unelected) [EMAIL="hanhamj@parliament.uk"]hanhamj@parliament.uk[/EMAIL]

Culture, Olympics, Media & Sport
Secretary of State Jeremy Hunt MP [EMAIL="huntj@parliament.uk"]huntj@parliament.uk[/EMAIL]
Olympics, Media & Sport Minister for Tourism John Penrose MP [EMAIL="penrosej@parliament.uk"]penrosej@parliament.uk[/EMAIL]
Olympics, Media & Sport Minster for Sport and the Olympics Hugh Robertson MP [EMAIL="robertsonh@parliament.uk"]robertsonh@parliament.uk[/EMAIL] Olympics, Media & Sport Minister for Culture Ed Vaizey MP [EMAIL="vaizeye@parliament.uk"]vaizeye@parliament.uk[/EMAIL]

Defence (MOD)
Secretary of State Liam Fox MP [EMAIL="foxl@parliament.uk"]foxl@parliament.uk[/EMAIL] http://www.mod.uk
Defence (MOD) Minister for the Armed Forces Nick Harvey MP [EMAIL="harveyn@parliament.uk"]harveyn@parliament.uk[/EMAIL]
Defence (MOD) Minister for Strategic Defence Acquisition Reform

Education
Secretary of State Michael Gove MP [EMAIL="govem@parliament.uk"]govem@parliament.uk[/EMAIL]
Education Minister for Schools Nick Gibb MP [EMAIL="gibbn@parliament.uk"]gibbn@parliament.uk[/EMAIL]
Education Minister for Children & Families Sarah Teather MP [EMAIL="teathers@parliament.uk"]teathers@parliament.uk[/EMAIL]
Education Under-Secretary for Children & Families Tim Loughton MP [EMAIL="loughtont@parliament.uk"]loughtont@parliament.uk[/EMAIL]

Energy & Climate Change (DECC)
Secretary of State Chris Huhne MP [EMAIL="huhnec@parliament.uk"]huhnec@parliament.uk[/EMAIL]
Energy & Climate Change (DECC) Minister Charles Hendry MP [EMAIL="hendryc@parliament.uk"]hendryc@parliament.uk[/EMAIL]
Energy & Climate Change (DECC) Minister Gregory Barker MP [EMAIL="barkerg@parliament.uk"]barkerg@parliament.uk[/EMAIL]

Environment Food and Rural Affairs (DEFRA)
Secretary of State Caroline Spelman MP [EMAIL="spelmanc@parliament.uk"]spelmanc@parliament.uk[/EMAIL]
Environment Food and Rural Affairs (DEFRA) Minister for Agriculture & Food Jim Paice MP [EMAIL="paicejet@parliament.uk"]paicejet@parliament.uk[/EMAIL]
Environment Food and Rural Affairs (DEFRA) Under-Secretary for Natural Environment and Fisheries Richard Benyon MP [EMAIL="benyonr@parliament.uk"]benyonr@parliament.uk[/EMAIL]
Environment Food and Rural Affairs (DEFRA) Under-Secretary Oliver Eden (Lord Henley, unelected) [EMAIL="henleyo@parliament.uk"]henleyo@parliament.uk[/EMAIL]

Foreign & Commonwealth Affairs (FCO)
Secretary of State William Hague MP [EMAIL="haguew@parliament.uk"]haguew@parliament.uk[/EMAIL]
Foreign & Commonwealth Affairs (FCO) Minister David Lidington MP [EMAIL="davidlidingtonmp@parliament.uk"]davidlidingtonmp@parliament.uk[/EMAIL]
Foreign & Commonwealth Affairs (FCO) Minister Jeremy Browne MP [EMAIL="brownej@parliament.uk"]brownej@parliament.uk[/EMAIL]
Foreign & Commonwealth Affairs (FCO) Under-Secretary Alistair Burt MP [EMAIL="burta@parliament.uk"]burta@parliament.uk[/EMAIL]
Foreign & Commonwealth Affairs (FCO) Under-Secretary Henry Bellingham MP [EMAIL="bellinghamh@parliament.uk"]bellinghamh@parliament.uk[/EMAIL]
Foreign & Commonwealth Affairs (FCO) Minister David Howell (Baron Howell, unelected) [EMAIL="howelld@parliament.uk"]howelld@parliament.uk[/EMAIL]

Health (DH)
Secretary of State Andrew Lansley MP [EMAIL="lansleya@parliament.uk"]lansleya@parliament.uk[/EMAIL]
Health (DH) Minister of State Simon Burns MP [EMAIL="burnss@parliament.uk"]burnss@parliament.uk[/EMAIL]
Health (DH) Minister of State Paul Burstow MP [EMAIL="burstowp@parliament.uk"]burstowp@parliament.uk[/EMAIL]
Health (DH) Under-Secretary Anne Milton MP [EMAIL="miltona@parliament.uk"]miltona@parliament.uk[/EMAIL]
Health (DH) Under-Secretary Frederick Curzon (Earl Howe, unelected) [EMAIL="howef@parliament.uk"]howef@parliament.uk[/EMAIL]

Home Office
Secretary of State Theresa May [EMAIL="mayt@parliament.uk"]mayt@parliament.uk[/EMAIL]
Home Office Minister for Immigration Damian Green [EMAIL="greend@parliament.uk"]greend@parliament.uk[/EMAIL]
Home Office Minister for Policing & Criminal Justice Nick Herbert [EMAIL="herbertn@parliament.uk"]herbertn@parliament.uk[/EMAIL]
Home Office Under-Secretary for Equality Lynne Featherstone [EMAIL="featherstonel@parliament.uk"]featherstonel@parliament.uk[/EMAIL]
Home Office Under-Secretary James Brokenshire [EMAIL="brokenshirej@parliament.uk"]brokenshirej@parliament.uk[/EMAIL]

International Development (DFID)
Secretary of State Andrew Mitchell MP [EMAIL="andrewmitchellmp@parliament.uk"]andrewmitchellmp@parliament.uk[/EMAIL]
International Development (DFID) Minister Alan Duncan MP [EMAIL="duncana@parliament.uk"]duncana@parliament.uk[/EMAIL]
International Development (DFID) Under-Secretary Stephen O'Brien MP [EMAIL="obriens@parliament.uk"]obriens@parliament.uk[/EMAIL]

Justice
Secretary of State Kenneth Clarke MP [EMAIL="clarkek@parliament.uk"]clarkek@parliament.uk[/EMAIL]
Justice Minister Tom McNally (Lord McNally, unelected) [EMAIL="mcnallyt@parliament.uk"]mcnallyt@parliament.uk[/EMAIL]
Justice Under-Secretary Crispin Blunt MP [EMAIL="crispinbluntmp@parliament.uk"]crispinbluntmp@parliament.uk[/EMAIL]
Justice Under-Secretary Jonathan Djanogly MP [EMAIL="djanoglyj@parliament.uk"]djanoglyj@parliament.uk[/EMAIL]
Justice Minister Nick Herbert MP [EMAIL="herbertn@parliament.uk"]herbertn@parliament.uk[/EMAIL]

Northern Ireland
Secretary of State Owen Paterson MP [EMAIL="patersono@parliament.uk"]patersono@parliament.uk[/EMAIL]

Scotland
Secretary of State Danny Alexander MP [EMAIL="alexanderdg@parliament.uk"]alexanderdg@parliament.uk[/EMAIL]

Transport (DfT)
Secretary of State Philip Hammond MP [EMAIL="hammondp@parliament.uk"]hammondp@parliament.uk[/EMAIL]
Transport (DfT) Minister Theresa Villiers MP [EMAIL="villierst@parliament.uk"]villierst@parliament.uk[/EMAIL]
Transport (DfT) Minister Norman Baker MP [EMAIL="bakern@parliament.uk"]bakern@parliament.uk[/EMAIL]
Transport (DfT) Minister Mike Penning MP [EMAIL="penningm@parliament.uk"]penningm@parliament.uk[/EMAIL]

Treasury
Chancellor of the Exchequer George Osborne MP [EMAIL="george.osborne@hmtreasury.gsi.gov.uk"]george.osborne@hmtreasury.gsi.gov.uk[/EMAIL]
Treasury Financial Secretary to the Treasury Mark Hoban MP [EMAIL="hobanm@parliament.uk"]hobanm@parliament.uk[/EMAIL]
Treasury Exchequer Secretary to the Treasury David Gauke MP [EMAIL="gauked@parliament.uk"]gauked@parliament.uk[/EMAIL]
Treasury Economic Secretary to the Treasury Justine Greening MP [EMAIL="greeningj@parliament.uk"]greeningj@parliament.uk[/EMAIL]

Wales
Secretary of State Cheryl Gillan MP [EMAIL="gillanc@parliament.uk"]gillanc@parliament.uk[/EMAIL]

Work & Pensions (DWP)
Secretary of State Iain Duncan Smith MP [EMAIL="alambridesl@parliament.uk"]alambridesl@parliament.uk[/EMAIL]
Work & Pensions (DWP) Minister Chris Grayling MP [EMAIL="graylingc@parliament.uk"]graylingc@parliament.uk[/EMAIL]
Work & Pensions (DWP) Minister Steve Webb MP [EMAIL="webbs@parliament.uk"]webbs@parliament.uk[/EMAIL]
Work & Pensions (DWP) Under-Secretary Maria Miller MP [EMAIL="millerm@parliament.uk"]millerm@parliament.uk[/EMAIL]
Work & Pensions (DWP) Minister for Welfare Reform David Freud (Lord Freud, unelected) [EMAIL="freudd@parliament.uk"]freudd@parliament.uk[/EMAIL]

Without Portfolio
Sayeeda Warsi (Baroness, unelected) [EMAIL="sayeeda.warsi@conservatives.com"]sayeeda.warsi@conservatives.com[/EMAIL]

peter_the_piper

Whilst we may not be strictly accurate, all we need is for the drafters to really look at the wording and correct it.

AlexisV

I think your draft is legitimising the charges when the Bill actually just makes the keeper liable under "relevant contract".

I think you need to draft up something that just illustrates that the charges are as they've always been - unenforceable in the vast majority of cases as they amount to a contractual penalty which bear no relation to actual loss incurred. You want to be careful because we don't want them to suddenly legitimise the charges - the bill is actually so full of holes that it is not actually a bad thing.

Concentrate on how the legislation will merely enable parking companies to proclaim "You are liable under the Protection of Freedoms Act 2011" on their threatening letters which will enable their speculative invoices to appear enforceable.

You may wish to bring their attention to the recent ACS Law case where a private company was rapped in court for speculative invoicing with no legal merit.