Call for clamping to be made illegal

6:25pm Monday 10th March 2008

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As private clamping companies continue to charge drivers hundreds of pounds in on-the-spot fines, drivers are calling for something to be done to stop them. Rebecca Lowe reports.

In recent weeks Barnet drivers have reported falling foul of "extortionate" and "disgusting" on-the-spot fines, totalling hundreds of pounds.

Their stories have highlighted what seems to be a growing trend in private clamping, characterised by excessive charges and intimidating practices.

The problem is not illegal clampers, who can be caught relatively easily, but rather a lax registration system that allows legal private companies to charge as much as they like as long as they have the requisite number of signs at the site displaying their tariff.

Guidelines set by the Security Industry Authority (SIA) allow private companies to demand upfront cash payments and decide how long they wait before putting a clamp on an illegally parked car - which is often only a couple of minutes.

Drivers who get clamped can end up paying more than £500 in charges for illegal parking, tow truck call-out, vehicle storage and clamp removal.

Two hotspots provoking complaints have been Symphony Close, in Edgware, and the Lansdowne Bar carpark, in Burnt Oak Broadway.

The Regional Clamping Company, which polices Symphony Close, and Frontline Parking Services (FPS), which covers the Lansdowne Bar carpark, wait only a few minutes before fixing the clamps and accept payment only in cash, to be handed over immediately.

Failure to pay results in additional £35 daily charges until the car can be collected.

Peter Parker, 47, was clamped outside the Lansdowne Bar on December 22 after leaving his car there for only two minutes. Although he intended to go into the pub, he claims the tow truck had already been called by the time he returned to his vehicle, automatically doubling the original £150 fine.

Mr Parker said he refused to leave after returning to his car and therefore witnessed how the clampers operated. He said: "I waited in my car and watched another bloke get out of his car and walk about ten yards. The clamping guy then grabbed his clamp, crawled over to the vehicle on his hands and knees and fixed it onto the wheel in a matter of seconds.

"Over the next 45 minutes, I saw four more people clamped. I saw how they did it and it's disgusting."

Paul Clark, 49, suffered a similar fate on February 4, when he ran to a shop before going into the pub. When he returned five minutes later, his car was clamped and the tow truck had already been called. While FPS disputes this version of events, Mr Clark had to pay the fine, he had to ask a friend for a lift to his mother-in-law's house, where she gave him money from her savings.

Both Mr Parker and Mr Clark said there were at least four men involved in the operation: two sat inside the pub in case the drivers caused a disturbance, one sat outside the pub to put on the clamps, and a man in a black BMW waited in a sliproad and seemed to be overseeing the whole process. This excessive staffing, they believed, was to intimidate drivers into compliance.

Mr Clark said: "It was outrageous. They threatened to take my van to Essex and charge me £35 a day to get it back, so I had no choice but to pay. It's impossible to argue with them. I'm a big bloke, but there was nothing I could do. They have the clamps and the manpower."

Inadequate SIA regulations spurred the British Parking Association (BPA) to launch its own code of practice last April, which it hopes will eventually become the standard.

Under BPA guidelines, basic charges on private land should not exceed £75 and nobody should be forced to pay in cash. However, these guidelines apply only to the 40 operators that have voluntarily signed up to the association.

Parking campaigner Barry Segal, who helps ticket and clamping victims appeal their fines via his website appealnow.com, believes this is not good enough. Like many motorists, he wants to see the law tightened to regulate private clampers.

He said: "These are just self-regulating guidelines that are a complete waste of time. We need a statutory arrangement in this country that makes all private clamping illegal. If nothing else, there must be a statutory maximum to be charged, maybe £50.

"I am against clamping in principle. It's a scandal. In a democractic country where you can have your goods detained, they shoot first and ask questions later. If I kidnapped your relative and said I'm not letting her go until you pay me, you'd have me arrested. It's extortion."

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