The Home Office is now examining proposals for introducing compulsory licensing to tackle the limited number of wheel clamping companies whose ‘dodgy’ practices include:
– excessive penalties for releasing clamped cars
– towing cars unreasonably quickly after being clamped
– hidden, missing or confusing signs warning drivers that clamping takes place
– a lack of any appeals process for drivers
Currently, any individual undertaking vehicle immobilising must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors holding a non-frontline licence.
Mandatory licensing for companies
The new proposals would also make it mandatory for the company itself to be licensed to help ensure they sign up to upholding standards of conduct, which will be enforced if they are not met.
The Home Office is due to launch a formal consultation at the end of this month, considering how best to regulate the industry.
“The licensing of individual wheel clampers has gone a long way to reducing criminality and improving standards in the industry,” suggested the Home Secretary, Jacqui Smith, “but it has become clear that the existing licensing scheme doesn’t address all of the general publics’ concerns.”
The Home Secretary continued: “There are clearly a minority of clamping companies indulging in unacceptable behaviour, including the use of unclear signage and the apportionment of excessive fees. That’s why we intend to look carefully at how we can introduce a scheme for compulsory licensing of clamping companies. We’ll publish our proposals shortly.”
The Regulator has a part to play
The SIA was asked to undertake a feasibility study of the various options for the regulation of vehicle immobilisation companies in the private sector, including the introduction of a company registration scheme.
Speaking about his organisation’s role in the matter, the SIA’s interim chief executive Bernard Herdan commented: “Vehicle immobilisation is a sector that faces criticism due to the nature of the work it does and the behaviour of some operatives in the industry. In response to concerns over practices in the sector, we have set out how vehicle immobilisers could be more tightly regulated through a new company licensing scheme.”
Herdan concluded: “Both industry and Stakeholder participation in the forthcoming formal consultation process will be essential. We expect all legitimate firms will welcome this new approach, and will be ready to work with us to make this a success.”
The SIA’s regulatory remit includes the licensing of any individual in England and Wales involved in immobilising vehicles on private land with a view to charging a release fee. It also requires the licensing of anyone involved in blocking in or towing away vehicles for the same purpose, and of those who collect the fee.
Industry-wide standards from the Home Office
The Home Office’s proposals for a compulsory licensing scheme are likely to include industry-wide standards for:
– signage (covering size and visibility)
– maximum penalties charged and payment methods
– minimum times between immobilisation and removal
– providing evidence that a parking infringement has taken place
– details on security and location of pound in those cases where vehicles are impounded
– a complaints and appeals policy
