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Wheel Clamping
Wheel clamping has featured in the national press recently following a number of cases where motorists have managed to successfully fight against a 'fine' for parking on private land controlled by a clamping company.
In order to operate and be able to claim fines for unauthorised parking, companies that tow away vehicles or clamp them must comply with a number of requirements if they do not own the land themselves. Firstly, a licence must be obtained from the Security Industry Authority unless an exemption can be claimed. This body regulates the industry to a certain extent, by making sure that those involved with the actual clamping meet certain standards.
Secondly, an agreement has to be obtained from the owner of the land. Often, owners will sign a contract with a clamping company because they have had a problem with unauthorised parking.
Once an agreement has been reached, the clamping company or the owner can erect signs warning that unauthorised vehicles may be clamped and a fee payable for release. These signs have to be prominently displayed and failure to do so and mean that no fee is payable. Vehicles displaying a a valid disabled badge or marked emergency service vehicle cannot be clamped or towed away.
If your vehicle has been clamped and you feel that it is unjustified, the best course of action is to approach the person who clamped it an explain why you think that it was wrong and make a note of what is said. Of course, you may be reluctant to do so and in that case you should write to the company directly explaining in detail why you do not think that you should be penalised, for example, the signs were inadequate, the person clamping the vehicle was unlicensed or was not wearing his identification badge.
Before you leave the area where you parked your car try to gather as much information as possible, for example :
- A photograph of where you parked and one of any signs
- A sketch of where you were parked
- Details of any witnesses
Do not attempt to try and remove the clamp yourself, as you may be liable for any damage caused.
Make certain that you retain any notice that is fixed to your vehicle and obtain a receipt if you should pay over any money in the heat of the moment. The receipt must contain the details of the location where the vehicle parked, the date, the name of the person accepting the money and their licence number. Only a 'reasonable charge' is permitted, but at the moment there is no real guidance as to how much would be considered to be 'reasonable'.
It may be best to write on the receipt that you are "Paying under protest" or "Paying under duress" and try to use a credit - not debit - card rather than any other form of payment. Ask for details of the appeal process and who the owner of the land is.
If you do not have any success in writing to the company or negotiating with the person at the time and wish to pursue it further or you would like to engage a solicitor from the outset, we can advise you on your prospects of success and write to the company or commence legal proceedings on your behalf.
Most claims against vehicle immobilisation companies are heard in the small claims court, where it is not necessary for you to be represented. You can only claim up to £50 towards legal expenses and as all cases which require legal representation will cost more than this, we can therefore only offer to represent clients in court on claims of over £5,000 in value or if you are willing to pay our costs, perhaps because you feel that there is a principle at stake or you have an insurance policy. Please note that we do not undertake any form of legal aid work.
email :karen @ hlf-law.co.uk
Tel : 0800 043 0538
Top Tips if you have been clamped : |
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