Private Wheel-Clamping Companies

Baroness Featherstone Excerpts

Tuesday 15th June 2010 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)]

May I congratulate the right hon. Member for Doncaster Central (Ms Winterton) on securing this debate on wheel-clamping? It is an important debate on a very important subject, and her interest in it is well documented. I am sure that the right hon. Lady’s concerns are shared by many Members, if not every Member whose constituents have encountered these abuses. I am sure that what she has told us tonight is familiar to all of us from our constituencies. I know that wheel-clamping and the related activities of blocking in and towing away continue to cause great anger. Some of the most common complaints concern the amount of release fees, inadequate signage, and immediate clamping or towing away. Having been chair of transport in London for nearly five years when I was a member of the London Assembly, I am more than well acquainted with the problems that motorists face. I also know about the pressure on parking places. While safety, traffic flow and the fair rationing of parking spaces—on which there is always huge pressure—are entirely legitimate reasons for regulation, parking controls too often appear to be about revenue-raising, as the right hon. Lady pointed out. Our mission is to ensure that we deliver a solution to the problem.

If we want people to comply willingly with parking controls, those controls must be fair and just. The right hon. Lady used two examples to illustrate how unjust rogue clampers can be—indeed, cruel beyond belief. Her story of the man with the hip replacements having to walk on a cold February night, and then being asked to do it again, seems to show the clampers verging on sadism. She went on to describe an incident in which two older ladies were each fined £250 when, in reality—as is so often the case—the issue was poor signage. Such cases seem to constitute little more than entrapment, in which rogue clampers literally set a trap. They view it as a honey pot, while we, the public, become the cash cow.

Moreover, in my experience, more often than not it is those who try hard to comply with all the rules and controls who get caught out. People who seek to park legitimately and check for signs, but see none and park, are shattered not just by the upset caused by the financial hit from the clamping—which is substantial—but by the actual experience of being clamped when they were being good and trying not to break the rules. We must not let the good guys be the fall guys for rogue clampers. That is why the coalition’s programme for partnership government, published on 20 May, included the commitment that the right hon. Lady quoted:

“We will tackle rogue private sector wheel clampers.”

I hope that both what I have said—which was quite strong—and that published commitment by the coalition Government indicate our position, and assure the right hon. Lady that we are on the same side in this debate. I have seen examples of abuses of parking controls on private land in my own constituency, mostly involving poor signage but also involving abusive behaviour on the part of clampers.

At present, the Private Security Industry Act 2001 requires individual vehicle immobilisers carrying out clamping and towing on private land with a view to charging a fee to hold a licence issued by the Security Industry Authority. That has been required in England and Wales since 2006, and was extended to Northern Ireland last year. Licensing of individual clampers is designed to protect the public by ensuring that only fit and proper persons with the necessary skills and knowledge are employed. As I am sure the right hon. Lady knows, to qualify for a licence applicants need to pass an identity check and a criminal record check, and to complete an accredited training course. There are currently more than 2,200 wheel-clampers with a licence. Since the introduction of licensing, over 290 people have had their applications for licences refused because they did not meet the criteria, and 22 licence-holders have had their licences revoked.

The right hon. Lady asked some specific questions about enforcement in Doncaster. She asked me to encourage the Home Secretary to speak to the police, but it is up to individual police forces to decide what their priorities are and what to focus on. The Private Security Industry Act 2001 contained a number of specific offences to deal with people working without a licence and deploying unlicensed staff. The police do enforce that. The Security Industry Authority also has powers to do so, although it tends to focus on companies, rather than individuals. It can revoke licences, and the punishment for individuals not having a licence is up to six months in prison and/or a fine of up to £5,000.

I looked up the performance of police forces. Merseyside is one of the best performing on the issue. In 2007, Merseyside police proceeded against 200 clampers and found 157 guilty. In 2008, the last year for which I could find figures, they proceeded against 54 and found 47 guilty. In South Yorkshire, which includes Doncaster Central, in 2007, no clampers were proceeded against, so none was found guilty. In 2008, two were proceeded against and two were found guilty. I suggest therefore that there is an issue that needs to be dealt with. However, it is not necessarily for the Home Secretary to deal with it. It is beholden perhaps on all Members of Parliament in that area to speak to the police chief to point out that differential figure, which is startling.

On only one operative having a licence, the right hon. Lady is correct: it is a legal requirement for everyone involved in clamping activity to have a licence—not just those who receive the money, but those who put on and remove the clamps. The licences must be displayed and it is an offence not to wear the licence. Those in companies that supply unlicensed workers can face an unlimited fine and up to five years in prison. The police should also be acting on those cases.

Experience has shown, however, that licensing of individuals has had little impact on the behaviours which generate most complaints from the public. That is because most of those behaviours are controlled by the vehicle immobilisation businesses, and are out of the control of the individual clampers.

The Home Office conducted a public consultation last year to gather more information about these abuses. Over 500 people responded. That research showed that the public's main concerns, which had not been addressed by individual licensing, include, pretty much as the right hon. Lady annunciated: inadequate signage, including small size and poor visibility, so motorists do not know that they are not allowed to park or the consequences of overstaying; high release fees, sometimes totalling hundreds of pounds; demanding immediate cash payments and not accepting other forms of payment, such as credit or debit cards; immediate clamping or towing away after a parking ticket has expired; the lack of an effective means of contesting a charge; no place for the motorist to turn when they feel unfairly treated; lack of evidence from the clampers that the motorist had breached parking rules, such as photographic evidence or retention of records; and aggressive or intimidating behaviour by the clampers. Many of my constituents have faced such problems. Some have phoned me in tears because of seriously abusive behaviour.

The Government are committed to tackling the menace of rogue private sector wheel-clampers and are looking at all available options. I have seen articles in the media over the past few days that ask whether and when the Government plan to bring into force the Crime and Security Act 2010, which was introduced by the previous Government. The Act seeks to address these problems by requiring vehicle immobilisation businesses to be licensed by the Security Industry Authority and to comply with the conditions of a code to be set out in regulations. These conditions could, for example, limit the release fee and require the display of signs warning motorists where clamping takes place. It would also allow for an independent appeals system to be set up for motorists who have been clamped.

This new system is not in place, however. The 2010 Act received Royal Assent on 8 April, just prior to the general election, but the relevant provisions have not yet been commenced. I want to make it absolutely clear that the coalition Government response actually tackles the problems caused by rogue clampers. The Act does not necessarily solve all of the problems, however, so I am looking at all available options as quickly as possible, including those not set out in the 2010 Act.

This is the right time to consider our approach before taking any action. We should adopt an approach that is proportionate, and which balances the rights of the motorist to have access to their vehicle with the rights of landowners to use and control access to their property. Clamping should not be used simply as a means of generating revenue from motorists who have no choice but to pay. We have been clear about our commitment to tackle rogue wheel-clampers, and we will do so, but I want to ensure that our response is clear, decisive and effective.

We understand the concerns of Members and others who have made representations about wheel-clamping and want to see action. I agree that we must act. As soon as we have decided on the way forward, we will announce our intentions and we will act.

I thank the right hon. Lady again for securing this important debate.

Question put and agreed to.