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09/07/2009
Parking enforcement firms who charge large sums to release cars are "acting illegally", a motoring charity has claimed.
And the RAC Foundation is calling on the Government, which is consulting the public on how to regulate wheel clampers, to review the legality of the practice.
Barrister Dr Chris Elliott, who has carried out a review of the law relating to parking on private property on the charity's behalf, concluded that clamping was often used to punish motorists - even though the law does not sanction punishment of one individual by another.
He also argued that clamping was a "self-inflicted wound" for the landowner.
"The purpose of clamping is to prevent a vehicle being removed from land it should not be on," he said. "On the face of it, clamping is perverse since it causes the harm to the landowner to persist."
RAC Foundation director, Professor Stephen Glaister, said that while the charity recognised a landowner's right to keep their property free of obstruction, clamping was not the way to enforce it.
He added that the foundation often heard from motorists who had "fallen victim to cowboy clampers" who charged high release fees.
"Now it seems the actions of these rogue operators are not only disproportionate, but also probably illegal.
"We would like to see the issues raised by Dr Elliott tested in a court of law by motorists who have been the victims of what, in many cases, amounts to bullying and sharp practice."
Interviewed by BBC News, Craig Reade of Approved Parking Services said that his company was a licensed clamper, but that he knew of others working without accreditation.
"I know of cowboys who put four clamps on a car and then charge £200 for each one to be removed," he said.
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