Gov annnouncements wrt clamping, etc - new bill

BFG_2

Rogue Wheel Clampers Face Compulsory Licensing

A tough new compulsory licensing scheme designed to rid England, Wales and Northern Ireland of rogue wheel clampers, has been set out in the Crime and Security Bill.
Proposals within the Bill will make it mandatory for all wheel clamping businesses to be licensed under the terms of a strict code of conduct. The code will include a cap on fines, time limits on towing cars unreasonably quickly after being clamped and set out clear instructions for putting up signs warning drivers that clamping takes place.
Ministers are also looking to introduce an independent appeals process for motorists who feel unfairly penalised by firms and their employees.
Any company which breaches the terms of their licence could lose their right to practise and face up to five years in prison or a substantial fine.

Home Office Minister Alan Campbell, said:

"The Crime and Security Bill reflects the Government's commitment to prevent abuses by unscrupulous firms and their employees.
"There is no room within the wheel clamping industry for those who indulge in unacceptable behaviour including unclear signage and excessive fees.
"A compulsory licensing scheme for operators will leave clamping firms in no doubt as to their responsibility to the public and anyone breaching the strict code of practice risks losing their licence.
"Firms will have to ensure signage is clear, fines are proportionate and towing practices are regulated. We are also working to introduce an independent appeals process for motorists who feel they have been unfairly treated."

Sadiq Khan, Transport Minister, said:

"These tough new proposals are part of a series of measures the Government is putting in place to tackle the scourge of rogue parking firms who harass and intimidate motorists.
"We have already taken action to restrict access for parking firms wanting driver information and by bringing in these new requirements for clamping firms we are sending a clear message to unscrupulous firms that they need to clean up their act if they want to stay in business."

The new legislation has been drawn up following discussions with motoring groups, industry representatives and a 12-week public consultation during the summer. Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority, with supervisors or directors holding a non-frontline licence.
The new Compulsory Licensing Scheme will extend responsibility from individuals to businesses. It will be administered and controlled by the Security Industry Authority, which regulates the private security industry in Great Britain under the Private Security Industry Act 2001, and reports to the Home Secretary.

BFG_2

Another google story on it [much the same press release]

A tough new compulsory licensing scheme designed to rid England, Wales and Northern Ireland of rogue wheel clampers, has been set out in the Crime and Security Bill.
Proposals within the Bill will make it mandatory for all wheel clamping businesses to be licensed under the terms of a strict code of conduct. The code will include a cap on fines, time limits on towing cars unreasonably quickly after being clamped and set out clear instructions for putting up signs warning drivers that clamping takes place.

Ministers are also looking to introduce an independent appeals process for motorists who feel unfairly penalised by firms and their employees.

Any company which breaches the terms of their licence could lose their right to practise and face up to five years in prison or a substantial fine.

Home Office Minister Alan Campbell, said "The Crime and Security Bill reflects the Government's commitment to prevent abuses by unscrupulous firms and their employees.

"There is no room within the wheel clamping industry for those who indulge in unacceptable behaviour including unclear signage and excessive fees.

"A compulsory licensing scheme for operators will leave clamping firms in no doubt as to their responsibility to the public and anyone breaching the strict code of practice risks losing their licence.

"Firms will have to ensure signage is clear, fines are proportionate and towing practices are regulated. We are also working to introduce an independent appeals process for motorists who feel they have been unfairly treated."

Sadiq Khan, Transport Minister, said "These tough new proposals are part of a series of measures the Government is putting in place to tackle the scourge of rogue parking firms who harass and intimidate motorists.




"We have already taken action to restrict access for parking firms wanting driver information and by bringing in these new requirements for clamping firms we are sending a clear message to unscrupulous firms that they need to clean up their act if they want to stay in business."

The new legislation has been drawn up following discussions with motoring groups, industry representatives and a 12-week public consultation during the summer.

Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors holding a non-frontline licence.

The new Compulsory Licensing Scheme will extend responsibility from individuals to businesses. It will be administered and controlled by the Security Industry Authority.

The Security Industry Authority regulates the private security industry in Great Britain under the Private Security Industry Act 2001, reporting to the Home Secretary. The 2001 Act requires the compulsory licensing of individuals undertaking designated activities.
This includes the licensing of 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.

Businesses are not required to be licensed under the 2001 Act at present. Businesses may, however, seek accreditation under the SIA's voluntary Approved Contractor Scheme.

The new Crime and Security Bill sets out details for a compulsory licensing scheme.

The industry wide code of practice, which wheel clamping firms will have to adhere to in order to hold a licence, will include standards for:

* signage, including size and visibility;
* maximum penalties charged and payment methods;
* minimum time between immobilisation and removal;
* providing evidence that a parking infringement has taken place;
* security and location of pound where vehicles are impounded; and
* an independent complaints and appeals policy.

anewman

Do what Scotland did, simples.

usignuolo

"We have already taken action to restrict access for parking firms wanting driver information " Sadiq Khan

What action? Any firm who claims to be in the parking management business can write into the DVLA and obtain drivers details for £2.50. The DVLA says it is legally obliged to provide this information in response to any reasonable request.

BFG_2

usignuolo wrote: »

"We have already taken action to restrict access for parking firms wanting driver information " Sadiq Khan

What action? Any firm who claims to be in the parking management business can write into the DVLA and obtain drivers details for £2.50. The DVLA says it is legally obliged to provide this information in response to any reasonable request.

I think they mean they have cut them off from the electronic access.....which is a lot cheaper and easier for the clampers than having to write in and send a chq for £2.50 each time.

But I agree...not much.

BFG_2

anewman wrote: »

Do what Scotland did, simples.

Yes simple, but many people see it as being more than a bit unfair on the landowners.

I'm no advocate for clampers, but .................Imagine you own a bit of land outside your little shop, near the railway station. You use it for yourself [loading/unloading is easier, and d/yellows everywhere around the shop], and your customers can use it...really helps trade.

Then it happens.......Everyday that you turn up the land is filled with commuters using it as a free carpark. You've put signs up and left notes on their windscreen, etc but still people park there. Yous start getting tickets from the council [for stoopping on d/yellow too long to load, etc]. Your customers have nowhere to park and so drift away, you go out of business......[Hey maybe open a car-park!!!!!]

In Scotland [afaics], you're stuffed.....no sanction available. Rest of UK...clamping would sort it [and can actually be done 'responsibly' and reasonably].


Having said that possibly it's only the 'extortion' bit that's illegal in Scotland ie you can still clamp, you just can't demand monies for release. A legal bod will be along soon, and can hopefully answer.

Lets not confuse clamping [used as a reasonable sanction] with the clamping firms [clamp illegally, scam, extort, threaten] etc.

BFG_2

I notice that inthe new proposals you only need to be reg'ed if you charge money for release.

So private landowners can themselves still clamp to dissuade people from parking, they just can't charge.....seems fair enough.

peter_the_piper

Hopefully they may make a mistake and not give the appeals system the same authority as a judge and still put the onus to pay on the driver.

wuckfit

BFG wrote: »

Yes simple, but many people see it as being more than a bit unfair on the landowners.

I'm no advocate for clampers, but .................Imagine you own a bit of land outside your little shop, near the railway station. You use it for yourself [loading/unloading is easier, and d/yellows everywhere around the shop], and your customers can use it...really helps trade.

Then it happens.......Everyday that you turn up the land is filled with commuters using it as a free carpark. You've put signs up and left notes on their windscreen, etc but still people park there. Yous start getting tickets from the council [for stoopping on d/yellow too long to load, etc]. Your customers have nowhere to park and so drift away, you go out of business......[Hey maybe open a car-park!!!!!]

In Scotland [afaics], you're stuffed.....no sanction available. Rest of UK...clamping would sort it [and can actually be done 'responsibly' and reasonably].


Having said that possibly it's only the 'extortion' bit that's illegal in Scotland ie you can still clamp, you just can't demand monies for release. A legal bod will be along soon, and can hopefully answer.

Lets not confuse clamping [used as a reasonable sanction] with the clamping firms [clamp illegally, scam, extort, threaten] etc.

To me, the whole idea of clamping is counter-intuitive for everything bar road-tax evasion. If someone obstructs your land, it seems madness to make it more difficult for them to remove the obstruction. In your example above, if you own the land, you could put barriers up to prevent people parking, for example.

anewman

BFG wrote: »

Lets not confuse clamping [used as a reasonable sanction] with the clamping firms [clamp illegally, scam, extort, threaten] etc.

Sadly the latter happens more often. I just think the Government is wasting its time, money, and effort trying to regulate an industry when at the end of the day regulation is pretty much left up to the industry. It's like telling criminals please do not commit any criminal activity, then scrapping the police. If regulation worked, then the fact all clampers need an SIA license would be enough.

It's a shame it has taken things like Daily Mail campaigns to get the Government to take notice on this issue.

trisontana

The chief law officer on the island of Jersey is also anti-clamping:-

When a person parks his car without permission on land occupied by another he commits the tort of trespass. Trespass is a civil wrong which is actionable in itself and entitles the occupier of the land to damages. The wheel clamping service amounts to a suggestion that the occupier or his agent may take the law into their own hands and exact damages of their choosing from the trespasser.