Wheel clamping firms could soon find themselves subject to new regulations, the Home Secretary Jacqui Smith announced on April 3.
The Home Office will launch a formal consultation at the end of April considering how best to regulate the industry. While the Government has described the proposed new regulations as ‘tough’, it amounts to having a second go at controlling wheel clamping after SIA badges for clampers came in, in 2006 at the same time as contract guard and public space CCTV operator licences. Public complaints about so-called clamping continued, with media coverage and the phone lines of the SIA head office in London largely taken over with people’s allegations after being clamped, aggressively or unfairly. The SIA – which gets relatively little income from the clamping sector compared with manned guarding and door staff – has in vain stated that it does not intervene in individual disputes and – as the ITV current affairs show Tonight showed last year – the SIA and trading standards departments each try to pass off the problem to each other. For instance the SIA made a high-profile check of guarding badges during the St Patrick’s Day parade in Digbeth in Birmingham in March. The local press reported later reader complaints about a clamping company clamping parade-goers’ cars.
Bailiffs
Another (arguably non-security) sector that may be regulated by the SIA is bailiffs. While the Government suggested and the SIA resisted having bailiffs – potentially another controversial and no-win sector to look after – the Ministry of Justice in March spoke of long-term ‘reform of the enforcement industry’, in 2012.
Investigators
Meanwhile in the words of senior Labour MP Bruce George, the SIA is ‘agonising’ over the licensing of private investigators, who (unlike bailiffs) are according to the Private Security Industry Act 2001 a licensable sector. As Bruce George told a Westminster Hall debate on the surveillance soceity in March; when the legitimate industry is prevented from doing something, it sub-contracts to the bottom end of the market, which is only too pleased to investigate and to be unlicensed. Mr George set apart PIs at the top end of the market who do work for the police and big business, and a minority who are ‘almost the lowest form of pond life’.
Compulsory
The Home Office will look at proposals for introducing compulsory licensing to tackle what it calls the limited number of wheel clamping companies whose ‘dodgy’ (the Home Office’s word) practices include: excessive penalties for releasing clamped cars; towing clamped cars unreasonably quickly; hidden, missing or confusing signs warning drivers of clamping; and a lack of an appeals process for drivers. Any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors holding a non-frontline licence. The Government is suggesting companies will have to be licensed to help ensure it upholds standards of conduct, which will be enforced if they are not met. While the SIA’s voluntary Approved Contractor Scheme has been a hit with manned guarding companies, few if any clamping companies have gone for ACS. The Home Secretary said: “The licensing of individual wheel clampers has gone a long way to reducing criminality and improving standards in the industry, but it has become clear that the existing licensing scheme does not address all the concerns the public have. There are clearly a minority of clamping companies indulging in unacceptable behaviour including unclear signage and excessive fees. That is why we intend to look carefully at how we can introduce a scheme for compulsory licensing of clamping companies and will publish proposals shortly.”
Study
The SIA was asked to undertake a feasibility study of the various options for the regulation of wheel clamping companies in the private sector, including a company registration scheme. The interim SIA Chief Executive Bernard Herdan – about to become chief exec of the new National Fraud Strategic Authority (NFSA) – said: “Vehicle immobilisation is a sector that faces criticism due to the nature of the work it does and the behaviour of some operatives in the industry. In response to concerns over practices in the sector we have set out how wheel clampers could be more tightly regulated through a new company licensing scheme. Industry and stakeholder participation in the forthcoming formal consultation will be essential. We expect all legitimate firms will welcome this new approach and will be ready to work with us to make this a success.” Patrick Troy, Chief Executive of the British Parking Association (BPA), a trade association for the parking sector, said: “We strongly support these Government proposals. Clamping is one of the few areas left that require further regulation, and we are pleased to back proposals that will drive out the rogues, and create a fairer parking environment. While there is a clear need for parking enforcement on private land to deter unsociable parking, it is vital that operators are working in a fair and transparent manner, which is what these proposals deliver. Because of this, the parking industry is right behind these proposals. The BPA wants to see higher standards which deliver better customer care and we are working with the Government, the industry and motorists to deliver this.”
