Private wheel clamping - know your rights

Having your car clamped is an incredibly frustrating and potentially intimidating experience - especially if you feel that you have not been treated fairly. It's well worth knowing your rights in this area, as they may help you out if you find your car's been immobilised:

Don't lose your rag!

Getting back to your car and finding it's been clamped can feel like an act of war. However, do try not to lose your temper - it's much more helpful in these types of situations to remain calm. Don't try and remove the clamp either. This may damage your car, and you may have to pay for the clamp if you break it.

Are the clampers licensed?

Obviously you're in a far better position if the clamping isn't legal. Firstly, the clampers should be licensed by the Security Industry Association (SIA). When you've called the number to get your clamp removed, ask the person who shows up if you can see their badge. If they cannot prove that they are authorised by the SIA, then don't pay them! Insist that they remove the clamp, and call the police if they refuse.

If you believe that a clamper is unlicensed, you can also report them to the SIA on their website, or call 08702 430 100.

If they use threatening behaviour, you can also report this to the police. Clampers must also comply to a Code of Practice regarding wheel clamping. You can read a summary of the wheel clamping Code of Practice here.

If they are licensed, request some evidence that they're acting on the landowner's authority. Who's to say they haven't just seen an opportunity to make some money and acted on it?

When you're satisfied that they are licensed and acting on behalf of the landowner, you will have to pay the release fee. However, pay by card if you can, and ask for a receipt and the clamper's contact details. Don't feel too intimidated to this, as you are perfectly within your rights to do so, and any professional security person should understand.

Did you have adequate notice?

Even if you have to pay for the release, you may still have the law on your side. Any signage relating to the clamping area should be clearly visible, as should its boundaries. If you think that the notice is inadequate, take some pictures that can be used as evidence later.

At the moment, the only way you can get your money back if you feel that you shouldn't have been clamped is through the courts. A solicitor should be able to tell you if you have a good enough case, and you can also get free advice from your nearest Citizens Advice Bureau.

Have you been towed?

The landowner has a right to have your car towed if it's parked dangerously, causing an obstruction or blocking a route that's required for emergency access. If you return to find your car missing, look to see if there's any contact information for the site owners or managers. You can also call your local police station, as they should have been informed. Don't call 999 though - as regardless of how strongly you feel about it, it isn't an emergency.

You will have to pay for it to be released. But, again, if you feel that it shouldn't have been towed as it wasn't parked dangerously or causing an obstruction, it's a good idea to take some photos of the scene and get some legal advice.

About the Author

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Author (bythesea). Submitted on Mon, 30 Aug 2010 Time: 5:01 AM

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