Time to outlaw cowboy clampers

Ninety four percent of motorists want to see wheel clamping on private land outlawed in England and Wales, according to a new poll from the RAC Foundation for Motoring.

Motorists believe it is time to follow the example of the Scots and make clamping on private land illegal. In 1992 the Scottish courts ruled that wheel clamping was nothing more than “extortion and theft” and banned it overnight.

This finding comes despite the fact that clamping has been “regulated” for the last six months.

In England and Wales, since 3 May 2005 anyone working as a Vehicle Immobiliser on private land must have a licence from the Security Industry Authority (SIA). An SIA licence is meant to show that “a vehicle immobiliser has been properly trained to carry out their job, and that they have passed an identity check and a criminal record check.”

The RAC Foundation warned Government prior to the introduction of new legislation that it would not work without a strict and enforceable code of practice.

Our dossier of “cowboy clampers” proves that rogue clampers have been sticking two fingers up to the SIA scheme since its introduction in May this year. Examples include:-

May 2005 – a man’s car clamped outside his flat by non-licensed clampers, despite the fact that the licensing scheme was delayed to give all workers a chance to register.

June 2005 – clampers still charging over £500 release fees.

August 2005 - a London man’s car clamped and prepared for towing while he was collecting a visitor’s permit from his cousin’s second floor flat. His car was damaged by the tow-truck.

The RAC Foundation sent the Home Secretary clear examples of the rules being ignored, and called for urgent action to tighten up the guidelines. The Home Office was shown evidence of:-

A clamper telling a motorist to move his car and park in a specific area, waiting until he went into the bank and then clamping him.

The company using an unlicensed clamper with a serious criminal record (including cutting off someone's fingers with a machete) to carry out clamping activity (contrary to the licence agreement).
Clampers accepting bribes from the public and not giving receipts (contrary to the licence agreement).

The Home Office replied that “the Security Industry Association’s observations … were that no illegal activities under the Private Security Industry Act 2001 were conducted, though unprofessional practices may have been carried out.”

Edmund King, Executive Director of the RAC Foundation, said: “The Home Office’s response to the shocking practices we showed them is wholly inadequate. If the Home Office does not interpret these examples as illegal then it shows that the legislation is useless.

“We believe that the SIA licensing scheme must be reinforced by a legally enforceable code of practice, holding clampers to account. If the SIA scheme cannot prevent bribery and other sharp practices, then wheelclamping on private land should be outlawed as it is in Scotland. Ninety four percent of drivers think it is time to take this step.”