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Appeals tribunal to curb 'unscrupulous' clampers

29/01/2010

Motorists who believe they have been unfairly clamped by 'rogue' companies could soon seek compensation through independent tribunals, under prospective legislation from the Government.

The appeals tribunals, which are set to cover motorists whose cars have been clamped while on private land, will have powers to redress the balance when drivers have been unfairly clamped. They may force clampers to pay back excessive fees and award compensation, the Home Office says.

The law, currently making its way through Parliament as an amendment to the Crime and Security Bill, would complement plans for a new licensing requirement - administered and controlled by the Security Industry Authority - for businesses carrying out vehicle clamping.

While there is an existing requirement for individuals working for an enforcement company to be licensed, the new measures would mean that firms are bound by a code of conduct governing such things as the time limit before a vehicle can be towed away, and how warning signs must be displayed.

In addition, the code is set to cap the charges demanded by companies in order to "drive down abuses" within the industry. Firms that do not comply could be prosecuted or lose their licence.

The move follows gathering momentum in the latter half of last year, during which the RAC Foundation urged the Government to curb firms that it said were "acting illegally". A 'parking summit' in October brought the parking industry together with Transport Minister Sadiq Khan to discuss tighter regulation and the perceived increase in private clamping.

Home Office Minister Alan Campbell said that the measures proposed today would prevent "abuses by unscrupulous wheel clamping firms and their employees", and would provide "a fair system for motorists".

Welcoming the measures, RAC Foundation director Professor Stephen Glaister nevertheless called for the legislation to be extended to include companies issuing tickets on private land.

"Finally ministers are acting, and the licence to print money which many cowboy clampers believe they have seems about to be revoked," he added.

"No longer will those drivers who are unfairly penalised have to fall on the mercy of unscrupulous clampers."

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