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Clamping any defence?
Page 22
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There are many tales of illegal clamping, but what exactly is your legal position? Roanna Avison reports.
Clamping is an emotive subject. Everyone has an opinion about it and knows someone who has been clamped unfairly then forced to pay "extortionate" costs to get their vehicle released at least that's what they'll tell you.
On the other side of the coin, those who employ clampers will say they are doing it in the interests of public safety or because it's private land and that either no one has the right to park on it or there are clear parking guidelines.
The issue has come to the fore a couple of times recently in CM after several LGVs were clamped at motorway service stations for parking in coach bays. In all the cases concerned, the lorry drivers claimed the truck park was full and they had nowhere else to park. If you're due a rest break under drivers' hours legislation or need to make a toilet stop then a full LGV park isn't very helpful. Coach bays are out of bounds if you're driving an LCiV and the companies that run the service areas are right to put the safety of coach passengers ahead of anything else.
However. Shona Clark, transport manager at Prestwick Airport-based Home and Away Express, who had a truck clamped at Lymm Services (see panel) says: "Drivers need to have somewhere to park without being clamped if the truck park is full."
She was also upset by the cost of the fine, saying £330 is a lot of money. It was also £80 more than a driver had to pay to get a truck unclamped at Thurrock Services on the M25.
But the issue that seems to have caused the most consternation is the fact that, if the driver can't pay, it's up to the owner or transport manager to meet the bill. Which sounds fair enough, but some have had trouble actually doing this.
Chris Holden, owner of Wolverhampton-based Princefield Haulage, accepts that his driver was wrong for parking in a coach hay, but says he had trouble paying the fine to get the truck released.
phoned the helpline number and tried to pay by credit card, but was told I'd have to fax the details over."
Clark also had to fax payment details to get her vehicle released.
Holden says the whole process should he made easier, including the use of credit cards over the phone.
While there is no easy solution to these issues, there are some practical tips available to help those who do come back to their truck to find it's been clamped.