Cowboy clampers outlawed
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By Derren Hayes
NEW REGULATIONS came into force this week to outlaw cowboy clampers in England and Wales. Under the Protection of Freedoms Act 2012, from 1 October the clamping and towing of vehicles has been banned on all private land unless a bylaw allowing it in specific circumstances has been made.
The act has been welcomed by the road transport sector, and should put an end to LGV drivers being charged hundreds of pounds to release their vehicle at truckstops and other private parking areas (CM 15/9/11).
Clamping will still be lawful in some places, such as hospital, railway station and airport car parks, ports, harbours and river crossings. However, where “lawful authority” has been granted for clamping to continue in parking areas with restricted entry, for example where barriers control access, this will need to be managed.
As a result of the ban, the Road Haulage Association has warned operators that cowboy clampers could turn to ticketing instead. However, as these companies are unlikely to be members of an accredited trade association or adhere to a code of practice, they won’t be able to enforce such tickets.
Head of crime and security at the RHA Chrys Rampley said: “Cowboy ticketers will be able to give out parking tickets, but will not be able to pursue those tickets by applying to the DVLA for the registered keeper’s details.” The act sees the introduction of the Parking and Private Land Appeals scheme allowing all motorists, including commercial vehicle operators, to appeal against parking charges incurred on private land. The scheme will be funded by the private parking industry and run by London Councils, which has been operating a similar scheme in the capital, and the British Parking Association (CM 9/8/12).