Protect yourself from cowboy clampers

The law is catching up with these dodgy scam artists, but will it really make a difference?

I’ve discovered a parking ticket on my car on two occasions, both as a result of my own stupidity.

The first was a few years ago when staying with family, who lived in an area where you needed either a resident’s permit or a pay and display ticket. I did indeed pay for a ticket – sadly, I put it in the windscreen back to front so the warden had no chance of seeing when the ticket applied.

The second was a month or two back, nipping into a local One Stop Shop to pay a bill to the council. Somehow I failed to notice that it was again a pay and display berth, and walked out of the shop to be faced with a smugly grinning warden. Again, a fair cop.

However, while both of those tickets were completely above board, many of us end up forking out as a result of the illegal tactics of parking enforcement outfits.

The cowboys roll into town

For some time now there has been a real problem with the activities of private wheel clamping firms – known as 'cowboy clampers'. For years there have been tales of motorists caught out by rogue firms being frogmarched to cashpoints to hand over exorbitant fines, or being left stranded as their car was towed for no real reason.

Around 1.5 million motorists are caught out by the cowboys each year, and end up paying fines worth in the region of £250m.

And those fines are pretty significant. Back in August, the AA reported two separate cases of clampers, one demanding £1,200 and the other an incredible £3,865. Far from parking enforcement, it’s just a form of theft.

Licenses and legislation

Back in 2005, in an attempt to bring something approaching regulation into the sector, the Security Industry Authority was tasked with licensing individuals who clamp and remove vehicles from private land. However, according to the AA, rather than forcing them to clean up their act, these licences were instead viewed by the rogues as the chance to print money.

Now though, enough is clearly enough, as the new Government has announced plans to ban independent wheel clampers from operating on private land. More than 2,000 existing licenses will be revoked in a bid to get rid of the cowboys, as the authorities attempt to bring England and Wales in line with Scotland and Northern Ireland, where there are already strict rules on the conduct of such firms.

What’s more, firms that flout the new rules will face adequate punishment, in the form of large fines or even prison sentences.

But as the new rules don’t come into force until next year, we can’t wave goodbye to the clampers just yet.

Branching out

Not only have motorists been warned that they should expect these cowboy clampers to ramp up their activities before the ban takes effect, but according to both the RAC and the AA, the cowboys are branching out into dodgy ticketing to ensure they keep conning unsuspecting motorists out of money.

Currently, the issuing of tickets is not included in the appallingly named Freedom Bill, the Government legislation which will outlaw private clamping. And that’s a worry, as not only is ticketing far easier than clamping, from a technical standpoint, but the ticketing arena is also completely unregulated.

It’s also very easy to do – you can buy DIY ticketing kits online for a relative pittance, which include signs stating that the surrounding land is private, tickets, and waterproof envelopes. While some will be appropriately registered with the British Parking Association, many cowboys will simply be relying on you wanting to get it over with and paying up on the spot – something that almost a third of us do.

Five ways to avoid a cowboy clamper

With the help of the British Parking Association, I’ve put together the following simple tips to ensure you don’t come a cropper of the cowboys.

• Always check the relevant signs wherever you park, and ensure you adhere to the rules they set out. For example, if you’re parking in a retail park, are you actually visiting one of the shops there?
• When parking on private land, try to park somewhere that is managed by a member of the British Parking Association’s Approved Operator Scheme. Members are required to follow a Code of Practice, including being obliged to set reasonable parking charges, clamping release fees and also offer suitable ‘grace’ periods and flexible payment mechanisms. You’ll also have the right to appeal. You can spot an AOS member by the blue and yellow circular logo.
• All clampers must be licensed by the Security Industry Authority (SIA) , and have their badge on display to prove it. If you’re clamped, ask to see it. If you are in any doubt as to the clamper’s legitimacy, call the SIA on 0844 892 1025, or report an unlicensed clamper on the SIA website.
• If you believe you have been treated unfairly a member of the Approved Operator Scheme, complain to the British Parking Association by emailing aos@britishparking.co.uk. If the member is found to have broken the Code of Practice, they may be expelled.
• If you believe you have been ticketed or clamped unfairly by a company who is not a member of the BPA, contact your local Trading Standards branch who should be able to help.

More: Three reasons not to get a 0% card | 25 top places to lock away your money