The ban will be introduced in the Government’s Freedom Bill this November, and will come into force shortly after that Bill receives Royal Assent.
Once the legislation’s in place, anyone who clamps a vehicle or tows it away on private land will face tough penalties.
Commenting on the news, Home Office minister Lynne Featherstone said: “The Government is committed to ending the menace of rogue private sector wheel clampers once and for all. For too long, innocent motorists have fallen victim to unscrupulous tactics by many clamping firms. Reports of motorists being marched to cash points or left stranded after their car has been towed are simply unacceptable.”
The minister continued: “A ban on clamping and towing on private land will end this abuse, while those companies who decide to flout new laws will face severe penalties.”
Regional and local transport minister Norman Baker added: “The rules governing parking on private land should be proportionate, and should not result in motorists being intimidated or forced to pay excessive fines.”
Baker then stated: “Cowboy clampers have had ample opportunity to mend their ways, but the cases of bullying and extortion persist. That’s why we are putting an end to these outrageous practices once and for all. Drivers will no longer have to fear intimidation from rogue traders, and we can then allow the parking industry to begin to restore its reputation with the motoring public.”
Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors legally obliged to hold a non-frontline licence.
How will the ban be applied?
This activity will cease once the ban is in place. The ban will apply to private land only. It will not change existing traffic enforcement by local authorities and police on highways.
The ban will also apply to towing away and all other forms of vehicle immobilisation. Once the law is implemented, anyone who clamps (or otherwise immobilises) a vehicle or tows it away on private land without specific legal authority to do so will face criminal proceedings or civil sanctions.
There will be very limited circumstances in which legal authority to remove vehicles will remain. The Driver and Vehicle Licensing Authority (DVLA) will retain the legal authority to clamp or tow away vehicles as part of its work in combating the evasion of Vehicle Excise Duty. The Vehicle and Operator Services Authority has similar powers to prevent the use of un-roadworthy vehicles on the road.
The SIA currently licences any individual in England and Wales involved in immobilising vehicles on private land with a view to charging a release fee. It also requires the licensing of anyone involved in blocking in or towing away vehicles for the same purpose, and of those who collect the fee. This activity will cease once the ban is in place.
At present, businesses are not required to be licensed at present. However, they may seek accreditation under the SIA’s voluntary Approved Contractor Scheme.
There are currently 2,150 individuals who are licensed by the SIA to carry out wheel clamping duties.
Response from the British Parking Association
In response to the Government’s announcement, Patrick Troy (CEO of the British Parking Association) has called for a full review of the private parking sector. Here’s what Tory has to say on the matter:
“We have long lobbied for better regulation of the private parking sector, including clamping. We want to see higher operator standards and a fairer deal for motorists when they fall foul of the rules. We’re concerned, however, that banning clamping removes any incentive to follow the rules.
“Clamping provides a last resort to landowners who are faced with persistent offenders and ticket evaders. The Government must be accountable for protecting landowners’ interests if ticketing is ineffective and drivers continue to park unlawfully.
“Drivers should be encouraged to comply with the conditions of private car park use. Everyone recognises landowners’ rights to control their land. If drivers trespass, there must be repercussions. However, these repercussions must be proportionate and take a driver’s needs into account.
“The Government’s plans are a charter for the selfish parker. We urge the Home Office to tightly regulate the private parking sector instead of throwing the baby out with the bathwater. Real progress can be made by addressing the ‘scrag end’ of the market occupied by rogue clampers.”
Bid to improve standards
In a bid to improve standards, and in the absence of adequate Government legislation, the BPA launched the Approved Operators Scheme (AOS) in 2007. Every member is subject to a robust Code of Practice. If they cannot demonstrate compliance, their membership may be revoked.
In turn, this removes their right to access vehicle keeper details from the DVLA.
Membership to the AOS – currently the only Accredited Trade Association (ATA) for the sector – must be compulsory.
The AOS is designed to act as a blueprint for any future Government legislation. Until the introduction of tighter regulations, the BPA will continue to drive up industry standards for the benefit of everyone – landowners, car park operators and drivers.
