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MP's Planning Clamping Ban Home Office Minister Lynne Featherstone said: 'For too long motorists have fallen victim to extortion and abuse from rogue clamping companies. I have been outraged by cases of drivers being frog-marched to cash machines late at night or left stranded by rogue operators who have towed their vehicles away.' The ban will be introduced in Parliament in the Coalition's flagship Protection of Freedoms Bill in the next few days. It is expected to become law by the end of the year and brings England and Wales into line with Scotland - where clamping on private land has been outlawed since 1992. Clampers have complained to ministers that they have spent thousands on their equipment and want compensation for the loss of their livelihoods. However, they will not be offered any. In a tightening of the existing rules for private landowners operating parking charges, firms must belong to a recognised regulator. If they are 'struck off' for abuses, they may not lawfully issue parking tickets. The ban will apply only on private land and will not affect clamping and towing by lawful authorities such as the police, local authorities or the Driver and Vehicle Licensing Agency (DVLA). Councils will continue to have the power to tow away cars abandoned on private land. Police can also remove vehicles causing an obstruction or which are dangerously parked. AA president Edmund King said: 'The Daily Mail has played a major part in ending a terrible abuse which we at the AA have also fought against for years.' However, he warned that some clampers would try to fill their coffers before the legislation comes into force, telling drivers: 'Watch where you park.' What to do if you are clamped If you are clamped: • keep calm, don't lose your temper or attempt to remove a wheel-clamp - you could be sued for criminal damage if you damage the wheel-clamp. You could be also prosecuted for theft if you keep the clamp • contact the telephone number shown and ask for release • check whether warning signs and boundaries are clear enough. You could also take a photograph to use as evidence later on • ask the wheel-clamper who they work for, and whether the landowner's authority can be produced • you have the right as a clamped motorist to see their SIA licence if they are asking for a fee to release the vehicle • if you don't think a wheel-clamper is licensed , don't pay the release fee. If they refuse to release your vehicle without a fee, call the police An unlicensed wheel-clamper who asks for a fee is committing a criminal offence You can report unlicensed wheel-clampers to the SIA • if the wheel-clamper uses threatening or intimidating behaviour, you should report this to the police • if the wheel-clamper is licensed, you will have to pay the release fee, but insist on a receipt. Try to get the address and phone number at which the wheel-clamper can be contacted • if you think you should not have been clamped, for example because the warning notices were inadequate, or the release fee was too high, the only way to get your money back may be through the courts. A solicitor will be able to advise you on what chance you have of winning your case. |
