Jerome Mayhew

It is lovely to see you in the Chair, Ms Vaz. I join all other contributors today in congratulating the hon. Member for Bolton South and Walkden (Yasmin Qureshi) on securing this debate. We often say, “This is an important debate,” and most of the time in this Chamber we do not mean it, but on this occasion I think we do. Through some very articulate speeches, building one upon the other, the debate has exposed two significant problems with the current state of affairs in drop-off charges at our airports: first, whether we should be charging in the first place; and secondly, if we accept the proposition of the hon. Member for Oldham West, Chadderton and Royton (Jim McMahon) that it is okay to charge for drop-offs, whether the process of charging is itself fair. Frankly, I was taken by surprise on this point, which was raised repeatedly. At multiple airports, the charging mechanism is itself unfair, as it does not give the opportunity of point-of-service charging—a barrier at which the customer pays—but instead requires customers to pay after the event by what are, at times, very complex mechanisms. I was a barrister a very long time ago. There is a health warning on my legal advice, but this matter was first settled in 1877 by Mellish LJ—I do not have this at the back of my memory; I looked it up—in Parker v. South Eastern Railway Company. When parking somewhere, the terms and conditions are typically on a board. A provider seeking to rely on those contractual terms has to take reasonably sufficient steps to draw them to the consumer’s attention for the contract to be established, and it must be at or before the point at which the contract becomes established. The reason why that triggered my memory is because, in my day, I learned about a very famous judge—Lord Denning, the Master of the Rolls—who developed the argument in Spurling v. Bradshaw in 1956. He said that the principle covers typical, expected terms and conditions, but if there are particularly onerous conditions as part of the standard terms, the level of notice has to increase to a commensurate degree. I am interested to hear the Minister’s considered thoughts on this issue. I wonder whether a requirement not to pay now, but to pay later and by a circuitous route, would constitute an onerous term when dealing with a consumer, as these contracts almost always are. If that is the case, has a contract been established at all with any of the people dropping off at these airports? I cannot give legal advice, and I am very out of date anyway, but consumer rights groups should explore this issue with a test case—a group action would run to many millions of pounds if it were proved successful. That is the point about whether charging is fair.