Clamping ban advice offered as new rules take effect

By Fleet News
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28 September 2012

The ban on clamping without lawful authority on private land in England and Wales comes into force on Monday (October 1) as a result of the implementation of the Protection of Freedoms Act.

The legislation covers a multitude of issues relating to the ‘restoration of British liberties’, according to the Home Office, including a ban on wheel clamping on private land.

To help motorists understand the new rules the RAC Foundation has produced some FAQs, which can be accessed free of charge by clicking here.

However, despite the change to the law, the RAC Foundation is concerned that rogue clampers will simply turn to rogue ticketing.

Professor Stephen Glaister, director of the RAC Foundation, said: "The good news is that clamping on private land has been outlawed. The bad news is that many rogue operators could simply turn to indiscriminately issuing parking tickets instead.

"Most legitimate parking firms are members of the British Parking Association and so sign up to a code of practice and a new appeals service.

"But no parking operator is obliged to join the BPA meaning the rogue companies can continue to do their business at the fringes of the law.

"Industry figures suggest almost half of drivers who get a ticket will pay up without questioning its legitimacy. So ticketing could turn into a nice little earner for unscrupulous companies who've been forced to hang up the clamps."

Author: Fleet News

Comments (3)

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Colin Tawn - 28/09/2012 13:32

SNAFU. The ban on clamping still does not address the illegality of unenforceable invoices issued by the scammer cowboys.The BPA is run and controlled by PPC's,the BPA lobbied MP's to make sure they still had free reign to stick toilet paper onto vehicles.However the BPA set up POPLA (Parking On Private Land Appeals)and once a person appeals against a PPC ticket the issuing company will have pay £32 to the BPA, apart from the £2.70 they paid the DVLA to illegally access your private details, so IF everyone who receives a PPC ticket appeals two things will happen; The scammers will have to pay £32+£2.70 for every appeal and within 6 months the so called 'independent' appeals system will grind to a halt due to the volume of appeals. It is in everyone's interests to ignore these fake tickets and if you want to cause maximum misery to the PPC's then appeal. Simples.
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Martin Cagger - 30/09/2012 10:31

Absolutely spot on.While we are at it,I suppose few people know about the DVLA suspending Perkins company access to the DVLA database.Shortly after,it was announced Perkins has been given a board role in the BPA.Insofar as an independent appeals process,how can it be seen as independent when the same people who actually run the PPCs that issued the tickets in the first place are involved ? There can be no better example of a conflict of interest.For the BPA to be trying to distance themselves from so called rogue firms who are not members of the BPA,is pretty unconvincing.
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Colin Tawn - 30/09/2012 12:57

It has been established at a Higher Tier Tax Tribunal PPC's must own or have a substantial interest in the land or a written contract from the Land Owner where they operate to have any chance of issuing tickets. The FOIA does not address this so if PPC's want to improve their image and business models perhaps they should consider the following: - an Act of parliament to enable private companies to issue penalties - a body such as the SIA to licence companies. Take the BPA out of the equation - landowners would need to register with the SIA and submit deeds and plans of the land they wish to control - a set of standard government signs on all land - all penalty money to be paid direct to the SIA - PATAS\TPT to run ALL appeals - money released to the PPC only if no appeal submitted or appeal not upheld While ever PPC's continue to act as unlicenced thugs and ignore model contracts their sullied reputations will continue to haunt them.
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