Introduction
Clamping on private land is said to be worth over £1bn a year, but has also generated widespread complaints that some parking enforcement companies are extorting money from unsuspecting drivers – resulting in claims that some clampers act like modern-day highwaymen. However, following a lengthy consultation process and debate in Parliament, the Protection of Freedom Act 2012 ("the Act") received Royal Assent on 1 May 2012 and it will now make it an offence to clamp or tow on private land. The Act is expected to come into force in October this year.
The problem
There has been a continuing high volume of complaints about wheel clamping and towing on private land, including the levels of the release fee charged, inadequate signs, immediate clamping or towing away and unreasonable behaviour by operatives (such as demanding immediate cash payments). In its impact assessment of the Act, the Government stated that it believed that depriving motorists of their vehicles until they pay a fee is a disproportionate sanction and one which is open to abuse. Home Office Minister Lynne Featherstone has said that despite a high number of complaints about clamping firms and the poor signage sometimes used to warn drivers, there have been very few prosecutions. Indeed, some clamping firms are said to have been operating a "sort of entrapment" and an outright ban was now the right answer.
The new offence
Once the Act comes into force it will be illegal to clamp, tow away or in any way immobilise a vehicle on private land without lawful authority. Private firms will still be able to ticket parked cars, and landowners will be able to install barriers to prevent parking. A person guilty of the offence will be liable to a fine.
However, the ban will only apply to private land and will not affect local authorities' and the police's right to clamp vehicles. The Driver and Vehicle Licensing Agency will continue to clamp or tow away vehicles if the vehicle tax has not been paid. The Vehicle and Operator Services Agency will also continue to clamp or tow away un-roadworthy vehicles to stop them being used on the road.
Criticism
The new ban has not been welcomed by some landowners who regard clamping as one of the few useful remedies at hand when drivers persist in parking on their land. It has been argued that the law will affect people who may not yet have considered the implications of the Act. For example, anyone living near a station, a town centre or a stadium will have no effective way of dealing with someone parking on their drive or blocking them in. The only way to handle this will be seek a court order on the grounds of trespass allowing the landowner to remove the vehicle. This could be a lengthy process.
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