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Clamping

4th October 2007, Page 26
4th October 2007
Page 26
Page 27
Page 26, 4th October 2007 — Clamping
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Which of the following most accurately describes the problem?

know your rights

There are times when you can't avoid getting clamped — but if you think you've been clamped unfairly, there may be ways out of it.

Dylan Gray reports.

0 ver the past few months Commercial Motor has received a number of comments from drivers who have been clamped at service stations and rest stops across the UK and in most cases the drivers have complained specifically about the circumstances leading up to the clamping.

One driver tells of turning up at a service station where he wanted to stay the night. He. walked around the parking area looking for the parking attendant so he could pay his overnight charge, but with no luck. So he went to sleep and woke up with a big clamp on his truck and a hefty release fee.

In a more extreme case, a driver pulled up at a smaller rest stop to use the toilets. When he reappeared he found his truck had been clamped and slapped with an enormous release fee.

Sometimes these sorts of incidents occur out of sheer necessity. One driver phoned us to say he had been clamped because he was parked in a coach bay which is fair enough yet he had come to the end of his driving time and all the WV spaces were full. This raises the question of whether drivers' hours should be breached or the clamping fine taken.

Controversial

Clamping is an emotive issue for many and £250, the standard release fee at Moto service stations, is a lot of money to pay when you are working within tight margins. After all, no one gets themselves clamped on purpose, but sometimes circumstances and people are against you.

However, you don't have to take it lying down CM has looked at the rules and regulations regarding clamping, helping you to make an informed choice as to whether to challenge a clamp or let it go.

The same law that saw nightclub bouncers across the UK become licensed security personnel also required the clamping industry to introduce licensing for dampers and their employers.

Licensing for so-called vehicle immobilisers came into effect across England and Wales on 3 May 2005 and will be introduced in Scotland from 1 November 2007. This is regulated by the Security Industry Authority (SIA).

The law states that wheel-dampers used by private landowners must have a licence from the SIA. 'The larger, better known service stations such as Moto, Welcome Break and Road Chef all use the firm CP Plus for their clamping needs, which has licensed personnel.

It is a criminal offence for someone to clamp your vehicle or employ someone without a licence to clamp it and is punishable on conviction by a fine of up to £5,000 and/or six months imprisonment.

Get a receipt

When you pay to have your truck released, the clamper must provide you with a receipt which includes the following details: • the place where the vehicle was clamped • the damper's name and signature • the damper's S1A licence number • the date For regulation purposes, STA badges must be worn at all times by dampers when they are working. It is also possible for anyone to determine whether an individual has a valid S1A licence by checking the public register of licences on the STA website at www.the-sia.org.uk or by calling the SI A on 08702 430 IOU.

The most common reasons for being clamped are that a vehicle has overstayed in a pay car park, the driver has failed to display a ticket of permit properly, the vehicle is parked across two spaces, or an emergency access has been blocked.

however, even in this cases, the circumstances need to be right for a vehicle to be clamped legally.

There must be notices up where they can be clearly seen, the landowner must not charge more than a reasonable fee to release the vehicle (though the legislation does not say what a reasonable amount is), the vehicle must be released the moment the driver agrees to pay the fee, and there must be a way to get in touch with the landowner. Don't panic

The Citizens Advice Bureau gives sound advice on what to do if you are clamped and how to minimise the stress: • keep calm, don't lose your temper or attempt to remove a wheel clamp unless you have exceptionally good reasons — you could be sued for criminal damage • contact the telephone number shown and ask for release • check whether warning signs and boundaries are clear enough. You could take a photograph to use as evidence later on • ask the wheel-dampers who they work for, whether the landowner's authority can be produced, and whether they have a licence from the SI A • if you don't think a wheel-clamperis licensed, don't pay the release fee. If the damper refuses to release your vehicle without a fee, call the police.An unlicensed wheel-damper is committing a criminal offence • report unlicensed wheel-dampers to the S1A (see above) • if the wheel-damper uses threatening or intimidating behaviour, you should report this to the police • if the wheel-damper is licensed, you will have to pay the release fee, but insist on a receipt. Try to get the address and phone number at which the wheel-damper can be contacted • if you think you should not have been clamped, for example because the warning notices were inadequate or the release fee was not reasonable, the only way to get your money back may be through the courts. A solicitor will be able Lo advise you on your chance of winning the case. a


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