Wheel Clamping in Cardiff South and Penarth
posted on 20/07/2009
I have recently been contacted by a number of constituents regarding wheel clamping in our constituency. Whilst most of the complaints relate to Cardiff Bay I know many people from Penarth and Sully visit the Bay and I thought the issue of wheel clamping may be of interest to Penarth and Sully readers.
The current situation in Wales is that car clamping on private land is legal given certain restrictions. For vehicles to be legally clamped there must be notices up where they can be clearly seen, the landowner must not charge more than a reasonable fee to release the vehicle and the vehicle must be released as soon as you have said you will pay the release fee. I have had many constituents getting in touch to say that signs have not been displayed clearly and that the amount charged by wheel clamping companies is excessive. Some companies will charge drivers not only to release the car but also to pay the 'cancellation' fee as they will have called out the tow truck. Some of the amount that these companies charge is horrendous, added to this is the refusal to release the vehicle immediately when the charge has been paid. Unfortunately this has become an all too familiar scenario across Wales. In such cases this constitutes illegal clamping of vehicles and can only be solved by tighter guidelines and restrictions being placed upon clamping companies.
The RAC Foundation has estimated that the clamping industry is worth somewhere in the region of £240 million per year, with around 350 firms operating across England and Wales. They have also reported shocking stories of postmen who have been clamped while delivering a parcel to a customer's front door and a lady who reported her car stolen, only to be telephoned by clampers a month later, demanding £900 for the release of her car.
There have also been some cases in which the police have been called out to claims that the clampers have been intimidating. Whilst I am not suggesting that all clamping companies use intimidation I do believe that clamping can amount to extortion. It is for this very reason that clamping on private land in Scotland has been made illegal, since the whole purpose of wheel clamping is to obtain money as a condition of the release of the vehicle.
Whilst the licensing of individual wheel clampers has gone a long way to improving standards in the industry, we have seen some companies still indulging in using unclear signage and excessive fees. The Home Secretary is looking at ways to address this growing problem and she has announced earlier this year that the government will look at introducing a scheme for the compulsory licensing of clamping companies. Currently all individual clampers must hold a licence but these proposals would mean the firm itself must be licensed and comply with a code of conduct.
In order to change the law in Wales - either to make clamping on private land illegal, or cap the amount people can charge to release a vehicle - the Assembly must first have delegated power and the legislative competency to do so. I have recently raised this matter with the First Minister and discussed it with Alun Michael MP.
If you have had a bad experience with wheel clamping please get in touch with me on 02920 898376.
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