Private Wheel-Clamping Companies

Debate between Baroness Winterton of Doncaster and Lord Mann

Tuesday 15th June 2010 Commons Chamber

[Ms Rosie Winterton (Doncaster Central) (Lab)]

I very much welcome the opportunity to debate the activities of private wheel-clamping companies, particularly in Doncaster Central. I also very much welcome the fact that this is, as I understand it, the Minister’s first appearance at the Dispatch Box. I am utterly confident that when she hears my arguments, she will make it one of her missions as a Minister to take up the ideas that I am about to put forward.

I first became involved in the issue 14 years ago, when I realised the extent of the misery and distress that rogue wheel-clamping companies were causing, not only in Doncaster Central, but in other parts of Yorkshire—and, for that matter, in hot spots around the country. Just how appalling some of those companies behave has been highlighted by both the Automobile Association and the Royal Automobile Club, which have received literally thousands of complaints from their members. I would like to thank Edmund King—now at the AA—for all the help that he has given me and other Members of the House in our campaign to outlaw unacceptable practices.

The media have also recognised how outraged the public are about the problem. There are countless stories of truly unacceptable practices by some companies. I want to thank the Doncaster Free Press for the campaign that it has been running with me to highlight how vulnerable elderly people, young mothers with children and, frankly, people who can least afford it are being stung for large amounts of money. I say “stung” because many such companies use every trick in the book to get round the legislation as it stands.

The Doncaster Free Press and I have received endless complaints from local people about a company called Park Rite, which operates in Doncaster. The company has concealed signs covered with minute writing, so that it is impossible to read that a particular location is a private car park, and it charges extortionate fees, often by charging two or three times for the same parking transgression—once for clamping and once for towing away, and then again for storage. There are complaints about the company’s refusal to have a proper appeals procedure, using mobile phones that are not answered and demanding cash only. Park Rite accepts no other form of payment, such as cheques or debit cards, which has led to people being frogmarched to cash points, with the clampers standing over them to make sure that they come up with the money.

The Free Press and I launched a petition to call on Park Rite to change the way in which it was operating. We were supported by two local companies, Cooplands and Weldricks Pharmacy, and we received a huge amount of support. I had one meeting with the company, to try to reason with it and ask it at least to join the British Parking Association, so that it would need to adhere to the association’s code of practice. As far as I am aware, it has not done so. Since then, it has been impossible to pin it down to another meeting. This epitomises the attitude of some of these companies: they are completely unaccountable for their actions, and they leave people frustrated and angry about the way they are treated—or, not so much treated as bullied.

Of course we should not have a parking free-for-all, and of course private landowners need to protect their land, but we all know that that is not what is happening. This is not about keeping car parks free for specific users; it is about luring motorists on to private land to get as much money out of them as possible. It causes endless problems for the local police, who have to spend their time explaining to worried motorists that their car has not been stolen, but that it has been clamped and towed away.

One of my constituents whose car was clamped had just had both his hips replaced. He was told that his car would not be released unless he handed over £100 in cash. Not having that kind of money on him, he had to walk into the centre of town to withdraw the money from the ATM. On his return, he was confronted with a further demand for £55 to cancel a towing vehicle that had been ordered while he was away. He had to go back into town to collect the money. This was on a Sunday night in February, when we were experiencing some of the coldest temperatures for a generation. He said that there were four notices in the car park, all of which were printed in small black and white lettering that would not have been legible in the dark to anyone who lacked outstanding eyesight.

Another sorry tale involves two of my constituents—ladies in their 60s and 70s—who were fined £250 each to release their vehicles. Again, a lack of clear signage was the issue. The women also found that, when they called the number, there was an out-of-date answerphone message telling the caller to read the back of the parking ticket for information on how to appeal. However, the tickets that they had received had no information on clamping or appeals, or information about the time at which the cars were clamped. When they came to see me, they said that they had felt threatened by the man who had clamped them. He was not wearing a uniform and his vehicle was unmarked. They were also told by the man on the telephone that, if they failed to pay the fine by 4 pm, they would have to pay another £100, and that he would not accept a cheque. In her own words, one of the women said of the incident:

“I am a pensioner, and to be bullied, over the telephone...is very intimidating. The stress and anxiety caused, having to obtain money, hire a taxi and locate the whereabouts of the vehicles left me bereft and traumatized.”

Treating an elderly person in this way should not be tolerated.

I have campaigned for tighter control of these companies over several years, along with a number of other Members of this House, some of whom are here tonight. I am grateful to them for their support. We made progress under the Labour Government, first by setting up the Security Industry Authority in 2005, then through the licensing of individual clampers. Unfortunately, that did not solve the problem. It became clear that the only way to guard against rogue practice would be to ensure that the private clamping companies—not just the clampers themselves—had to be licensed, had to conform to a strict code of conduct and had to be subject to an independent and fair appeals process.

That is why the Crime and Security Act 2010 was passed. I want to pay particular tribute to my hon. Friend the Member for Tynemouth (Mr Campbell), who, as a Minister, pursued this issue relentlessly. It is thanks to him that those measures were included in that legislation. The Act introduced a requirement for clamping companies, as well as clampers, to be licensed. It also introduced a mandatory code of practice and an independent appeal system. The Act has been passed, but now we need urgent action to bring in the regulations. I know that my hon. Friend had a number of discussions about the implementation of the Act with organisations such as the AA, the RAC and the British Parking Association, so the groundwork has been done.

The Conservative-Liberal Democrat coalition Government document stated:

“We will tackle rogue private sector wheel clampers”,

which I certainly welcome. I am concerned, however, that the new Government have stated that they are rather averse to introducing any new regulations, so I would be grateful if the Minister gave me reassurances on the following points. First, can the Minister confirm that the Government will definitely introduce the necessary regulations under the Crime and Security Act 2010? Secondly, can the Minister also confirm the timetable for introduction? Thirdly, can she confirm that she intends to set up an independent panel to review appeals against fines, and will it be within the time scale set out by the previous Government—by 2011? Finally, can she say what steps will be taken to remove a wheel-clamping company from the approved operators scheme if it is found to be behaving inappropriately, and how long that would take?

In the meantime, before the Minister brings in these new regulations, which is obviously going to be done quickly, I ask the Minister to ask the Home Secretary to encourage police forces in England and Wales to enforce the existing legislation that outlaws clamping without a licence. I am concerned that some unlicensed or criminal clamping does take place, but is not enforced.

[John Mann (Bassetlaw) (Lab)]

I congratulate my right hon. Friend on being the national champion on this issue—this plague that has now spread to my constituency. Is she aware that, just this morning, Farmfoods, a major retailer in my constituency and elsewhere, has distanced itself from the plague of new clampers who have arrived in Retford over the last month—totally unrequested, totally unlicensed, and grabbing money from the innocent?

[Ms Winterton]

I know that my hon. Friend has campaigned hard on this issue as well. This is exactly the point: unless these regulations are brought in quickly, there is a danger that some of these clamping companies will feel that the foot has been taken off the pedal and that they will somehow have an opportunity to sneak in and increase rather than decrease their activities, when it is a decrease that we all want to see. As I say, some clamping firms may have many operatives, but few licences. The licence is produced by the operative who takes the money, not the one doing the clamping, which is probably technically illegal. If the Minister cannot give me an answer to this question now, will she perhaps come back to me in writing?

Urgent regulations need to be introduced to implement the Crime and Security Act 2010 because the public have a right to be treated humanely. The law must afford people protection. At the moment, drivers continue to be terrorised by a small but active number of rogue wheel-clampers. As I said, this is a particular problem in Doncaster, but I know that many other areas around the country are also affected. We must prevent it from happening in those other areas as well. No time should be lost in the Home Office’s making of new regulations to outlaw this behaviour once and for all. I urge the Minister to do so.