Following the Protection of Freedom Act 2010-2012, wheel clamping has been banned in England and Wales. This is mainly because of many rogue companies whose conduct reflected badly on the industry as a whole.
However we at Fencrest Parking Control welcomed the changes as it has helped clean up the Private Parking industry, encouraging the genuine operators to join the British Parking Association and ensure they have to meet their strict code of conduct.
How can Private Parking Charge Notices be enforced now clamping has been banned?
At the same time as the clamping ban came into place, new legislation was passed to ensure operators are able to pursue a vehicle’s registered keeper who is now legally obliged to give the driver’s details within 28 days or be responsible for the outstanding charge. Previously parking operators could only pursue the driver.
If the charge remains unpaid, the operator can approach the DVLA to request registered keeper details but must show ‘reasonable cause’. Legitimate parking companies who are members of an Accredited Trade Association – (currently only British Parking Association) can access this DVLA data.
If vehicles have parked in such a way as to cause obstruction or immediate danger on private property, the vehicle can be moved by the Parking Control Company. The vehicle cannot be moved off site and must not be blocked in from driving away. The vehicle can then be issued with a Parking Charge Notice to recover the damages/costs of moving the vehicle within a reasonable limit.
People who park on private land without permission are still trespassing! Although their cars can no longer be clamped or towed away by private companies (without lawful authority), as long as clear signage is in place to warn drivers, a Parking Charge Notice can be issued and reasonable damages recovered.