The End is Nigh

This week motorists, especially those in the London cachement area can have a smile or maybe a smirk at the £5000 fine levied against a "cowboy" wheel clamping company.   Jade Sweeney, of South Oxhey, Watford, was convicted of two trading offences by a jury at Harrow Crown Court.  Sweeney, trading as Safeguard Security, was fined plus £6,619 costs and told to repay £480 each to his victims.

One victim to his scam was clamped in car wash facility while he went to get change for the machine.  Another driver said she had always parked on a derelict pub site but when she returned Sweeney demanded £720 to release the car.   After some negotiation it was reduced to £480.

How do we stand at present, legally speaking?

Wheel clamping is illegal in Scotland on all but public highways and even in such circumstances can only be carried out by the Pc. Plod or someone with statutory authority.  Basically clamping vehicles on private property is illegal.  So Scottish parliament is good for something!

At present in the UK the industry, if you can call it that, is supposedly regulated. Anyone clamping your car has to have a licence from the Security Industry Association and must produce a licence or certificate on request. There are also rules which limit the maximum amount which can be charged.  This includes the cost of fitting, removal and administrative charges.

Bear in mind the following:

 If  there are adequate signs clearly displayed on private land to the effect that vehicles parked without consent will be clamped and stating the fee to be payed for the clamp to be removed then the act of clamping the vehicle will probably be lawful.

Don't damage the clamp, deliberately or accidently, whilst attempting to remove it, as this may render you liable in civil law for any damage caused. There is also the possibilty of an offence of criminal damage.  Just to add to the grey area,  if the person took the action because they genuinely thought they had a right to do so, as opposed merely to trying to avoid the fee, then it is likely that such a criminal prosecution would not succeed.

Removal of the clamp from the site in a situation where signs are adequately displayed could amount to theft.  However, to prove an offence of theft requires evidence as to the intention of the accused.

On the motorists side the law will be in your favour, if  criminal offences are committed by the clamper which may include damage to the vehicle, if achieved through any reckless or deliberate act or  where the demands are extortionate and menacing.

If warning signs are not clearly displayed and  clamping has taken place on private land,  then the act of clamping a vehicle may be unlawful, leaving the clamping company liable within civil law. In this case, legal action to recover the unclamping fee may not be successful.  However, any action taken by a person who uses reasonable force to remove the clamp would not render that person liable in civil or criminal law.

Police officers called to a clamping dispute are there primarily to  ensure that there is no likelyhood of a breach of the peace.  They will not get involved with disputes about payment or release fees.  However they should be guided by a code of practice to the following:

• Officers should make a note of the circumstances and any allegations made. They should also look at the  'implied acceptance of risk' by the clamped driver which may not be applied in the following scenarios.
• The warning notice is missing or not clearly displayed. Deciding whether a notice is poorly displayed will be a matter for the courts.
• If the warning notice is not for clamping, but warning for some other course of action, which could damage your car eg; vehicles parked on this private land will be towed away.
• Demand is made for an unreasonable or exorbitant charge to release the car
• The clamper is detaining the vehicle, or has delayed its release after the owner has indicated a willingness to pay or comply with whatever conditions are relevant at the time.
• Where there are no means for the vehicle driver/owner to communicate an offer of payment. eg; No telephone number on the clamping notices.
• The officer may also intervene if the clamped driver and passengers would be vulnerable if left without a car and offer further practical help to ensure their immediate safety.

But all of this will change very soon.  New regulations are in the pipeline to control how these clamping companies operate.  If you did park illegally or in a stupid position, you can say fair enough, my own fault.  But if you have complied with parking regulations whether on private land  or public areas and companies use unfair "tactics" to charge you for release the law will be on your side.

Just one final thing.  If you cut the clamp off, therefore damaging it and the clampers didn't see you do it, best policy is, don't take it home for a souvenir because now you have caused criminal damage and made yourself liable for a charge of theft.  Recycle it by sending it to China where they will melt it down for you and make toy robots out of it.

Also, don't try to reason with them at the time - it don't work.  The clampers are paid on the basis of clamps means pounds.  More clamps, more pounds.  Explaining or offering an excuse don't work either - intelligence probably isn't their strong point, otherwise they would be gainfully employed doing something constructive.  So you will be wasting your breath there then.  Also they have been possibly programmed by their boss with ready made responses therefore unable to make decisions on the fly.

Last thought!  Park Legally.....

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