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Hugh McCann
Member - 2 posts
Our company own the premises we occupy including the car park area. Occasionally the car park is used by non employees from neighbouring companies. Providing that we ensure suitable warning and instruction signage is in place, are we legally empowered to use our own staff to immobilise vehicles which are parked without permission or in an inappropriate manner? Or do we need to employ an SIA registered security company to act on our behalf?
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James Fairchild
Member - 357 posts
Do you plan to charge a fee for the removal of the clamp, or just fit it as a warning/annoyance to the driver?
My understanding is that if you remove the clamp for free promptly when asked you don't need a licence.
Be aware of getting involved in the murky world of private parking enforcement. Take a look at http://forums.pepipoo.com to see the effect of this industry on the victims.
That link gives numerous details of why anyone (whether SIA registered or not) charging to remove a clamp is probably unlawful (case law on penalties).
The best thing to do in my opinion is to get some kind of barrier, maybe controlled by swipecards.
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James Fairchild
Member - 357 posts
Also be aware that if you charge for clamp removal (or by sending a postal penalty charge) you need to pay business rates on the outside land.
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Phill S
Member - 81 posts
Funny thing is, just got off the phone to a friend in USA who had been clamped because he had parked on private land...
"A very big and scary looking guy walked over to free the clamp, I thanked him and he just looked at me"
"did you have to pay"
"Not in cash ... just in fear!"
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Mike Filer
Member - 7 posts
We had the same problems whilst looking for a solution other than wheel clamping I came across this. http://www.wheelclampers.com/
A self administrating parking control kit. Less confrontational than wheel clamping and you don't require a licence. I didn't go ahead and use it as the threat of action by us to the perpetrators did the trick and they no longer use the car park.
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Justin Bentley
Member - 26 posts
Hi Hugh,
If you don't plan to charge (just cause inconvenience), your staff can do this - though it is worth considering whether they are happy with the possible confrontations.
If you wish to charge, then either members of staff and management would need to be licensed, or you would need to use a sub-contractor with licensed staff (though chances are your staff will still get the brunt of the aggression).
I agree with James' final comment about some method of prevention to stop the culprits entering the car park in the first place, which would save a lot of grief in the long run.
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James Fairchild
Member - 357 posts
Mike - those parking tickets are essentially illegal under English law. If you ticket a motorist who knows his rights, you could well receive a claim (for reimbursement) made jointly against the parking company, your company, and any ultimate landowner (as per Land Registry records) - the hassle and embarrassment of this would not be worth it.
On a practical level, going out and leaving a note on cars along the lines of
"this is a warning message, that if your registration number is seen in this car park again you may be clamped. If you are an employee who has changed their car, please give your new details to reception"
may well take the problem away without any confrontation. I do wonder though how open and inviting your car park looks, in order to make motorists think that it is a public car park.
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Kelvin Reynolds - British Parking Association
Online advisor - 6 posts
Where it is proposed to clamp and or blocking in a vehicle, on private land, in England or in Wales, and where a fee is imposed for the release of the vehicle, then the person undertaking the activity of clamping, or blocking in the vehicle and anyone else involved in making the decision about clamping and release must hold a licence issued by the SIA. More Information at www.the-sia.org.uk. Where there is no fee for release of the vehicle, then a licence is not required. It is for example acceptable where the land owner is simply attempting to identify the owner / driver of a vehicle on its land and chooses to immobilise the vehicle by the use of say a clamp, therefore requiring the owner /driver to indentify and present themselves [to site managers] when seeking release of the vehicle. This is provided always that no fee is payable for release of the vehicle.
Additionally the BPA has an Approved Operator Scheme and a voluntary Code of Practice for Vehicle Immobilisation on Private Land, which is valid throughout the UK. It is a requirement for BPA Member companies to abide by this Code. We would alway recommend the appointment of Approved Contractors and or Adoption of our Code by landowners. See www.britishparking.co.uk.
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