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Legal Weapon: cowboy clampers turn to tickets | Legal Weapon: cowboy clampers turn to tickets |
(5 days later) | |
By Brian Milligan Business reporter, BBC News | By Brian Milligan Business reporter, BBC News |
Motoring organisations are warning that the scourge of cowboy wheel clampers is likely to continue, despite new laws designed to stop them. | Motoring organisations are warning that the scourge of cowboy wheel clampers is likely to continue, despite new laws designed to stop them. |
The RAC says unscrupulous private parking firms will still be free to hassle motorists, even though clamping itself will soon be made illegal in England and Wales. | The RAC says unscrupulous private parking firms will still be free to hassle motorists, even though clamping itself will soon be made illegal in England and Wales. |
It says operators are finding a new tactic to get around the law. | It says operators are finding a new tactic to get around the law. |
Their weapon is legal to use, and low-tech. It is a parking ticket. | |
"The fear is that unscrupulous clampers will now turn to ticketing," says Philip Gomm of the RAC Foundation. | "The fear is that unscrupulous clampers will now turn to ticketing," says Philip Gomm of the RAC Foundation. |
"And it'll be the poor motorist who'll end up paying." | "And it'll be the poor motorist who'll end up paying." |
Victims | Victims |
Taz and Fam Khalique already know what that feels like. | Taz and Fam Khalique already know what that feels like. |
In an underground car park in the East End of London, they show us the car-parking bay that they own outright. | |
Signs warn about clamping, but the couple have been issued with tickets. | Signs warn about clamping, but the couple have been issued with tickets. |
Six of them so far this year. | Six of them so far this year. |
Each one asked them to pay £60, or double that if they didn't pay within 28 days. | Each one asked them to pay £60, or double that if they didn't pay within 28 days. |
"I'm disgusted by it," says Taz. | "I'm disgusted by it," says Taz. |
"To them it's a money-making machine. They put a ticket on, and you end up paying for it." | "To them it's a money-making machine. They put a ticket on, and you end up paying for it." |
The pair have not paid these demands, which total £360. | The pair have not paid these demands, which total £360. |
New laws | New laws |
The Home Office is currently drawing up legislation to ban wheel-clamping on private land in England and Wales. | The Home Office is currently drawing up legislation to ban wheel-clamping on private land in England and Wales. |
It has already been banned in Scotland. | |
Under the Freedom Bill, towing cars away or blocking them in will also be illegal. | Under the Freedom Bill, towing cars away or blocking them in will also be illegal. |
But so far tickets are not included in the Bill. | But so far tickets are not included in the Bill. |
Issuing tickets is already much easier than positioning clamps. | Issuing tickets is already much easier than positioning clamps. |
Parking firms that clamp have to be registered with the Security Industry Authority, a government body. | Parking firms that clamp have to be registered with the Security Industry Authority, a government body. |
But firms which issue tickets do not have to be licensed at all. | |
In fact anyone can issue tickets, providing they own the land involved. | In fact anyone can issue tickets, providing they own the land involved. |
DIY enforcement kit | DIY enforcement kit |
To prove how easy it is to do that, we purchased two "DIY parking enforcement kits" on the internet. | To prove how easy it is to do that, we purchased two "DIY parking enforcement kits" on the internet. |
One cost £60, the other £30. | One cost £60, the other £30. |
For that outlay, you get a couple of signs to warn motorists that the land is private, and that parking is not allowed. | For that outlay, you get a couple of signs to warn motorists that the land is private, and that parking is not allowed. |
One set of signs indicated that the fine would be £90. | One set of signs indicated that the fine would be £90. |
The kits also come with a book of tickets, and waterproof envelopes. | The kits also come with a book of tickets, and waterproof envelopes. |
To complete the effect, one of them also contains a yellow high-visibility jacket. | |
If the parking enforcement firm is registered with the British Parking Association (BPA), it can track down any offenders through the DVLA computer. | If the parking enforcement firm is registered with the British Parking Association (BPA), it can track down any offenders through the DVLA computer. |
If it is not registered, it can just chance its arm by placing a ticket on your windscreen. | |
Some 30% of offenders just pay up, with no questions asked, to avoid the hassle of challenging the ticket. | |
Compulsory registration | Compulsory registration |
The BPA is also concerned about the rights of landowners, many of whom have to put up with motorists parking illegally on their property. | The BPA is also concerned about the rights of landowners, many of whom have to put up with motorists parking illegally on their property. |
Keith Banbury, from the BPA, is keen to see some compromise. | Keith Banbury, from the BPA, is keen to see some compromise. |
"We're looking for something that's fair to the landowner, who needs protection, and the motorist, who should be treated fairly," he says. | |
What he proposes is a compulsory membership scheme, which would establish a proper code of conduct. | What he proposes is a compulsory membership scheme, which would establish a proper code of conduct. |
This would include standard charges, and an appeals procedure in the case of disputes. | This would include standard charges, and an appeals procedure in the case of disputes. |
'Breach of regulations' | 'Breach of regulations' |
The Home Office had no comment to make about the issue of ticketing, or whether it may eventually be included in the Freedom Bill. | The Home Office had no comment to make about the issue of ticketing, or whether it may eventually be included in the Freedom Bill. |
However a spokesman at the Department for Transport told us there is another route for anyone who feels badly treated by a private parking firm. | However a spokesman at the Department for Transport told us there is another route for anyone who feels badly treated by a private parking firm. |
"Where signs or information for motorists in a car park are misleading, unfair or aggressive, this is likely to be a breach of the unfair trading regulations." | "Where signs or information for motorists in a car park are misleading, unfair or aggressive, this is likely to be a breach of the unfair trading regulations." |
But at the moment there's little practical advice for motorists who feel they've been given a ticket unfairly. | But at the moment there's little practical advice for motorists who feel they've been given a ticket unfairly. |
Indeed, whether motorists are obliged to pay such tickets at all is a controversial legal area in itself. |