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5th February 2009
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Page 30, 5th February 2009 — p awm p s ,...
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Which of the following most accurately describes the problem?

• Avoidance is by far the best form of protection. If you see a sign saying clamping in operation, do not park there. If you do, you will be deemed to have entered into a contract that makes clamping legal.

• If you are clamped, make sure you have been clamped by someone who is legally entitled to do so. The 2001 Private Industry Security Act states that all parking enforcers have to be licensed by the Security Industry Authority (S IA), and that they must issue a receipt containing their name, their operative licence number, the date and the location. If you think you have been clamped illegally, contact the police and notify the SIA.

• It is a legal requirement that the threat of clamping should be clearly signposted. The British Parking Association (BPA) recommends signs should be at least 450mm x 450mm and should state the land is private property; that clamping is in operation; the steps needed to secure release; the fee to be paid, and a landline number where complaints can be made. If you have a camera or a mobile phone take a picture of any sign that does not comply This can be used in an appeal.

.Removing the clamp is an option, but this is more likely to create further problems. Most clamps are made of hardened steel and are very difficult to remove. If you damage a legally applied clamp you could be found guilty of criminal damage. If the clamp is illegal you are not. You should also make sure that the clamp has not damaged your vehicle. If it has, you can make a county court claim for compensation.

• Unfortunately, in most cases, you will have to pay the release fee to get the vehicle moving again. The BPA recommends that release fees should be £180 for medium-sized goods vehicles and £250 for HGVs. It also says removal fees should be £250 for all vehicles, and storage fees should be £35 per day.

• You can appeal against being clamped, but since appeals are heard by the same business that clamped you. the chances of success are limited.

• If your appeal fails, you can take the case to the county court.

Useful contacts

British Parking Authority: www.britishparking.co.uk Security Industry Authority: www,the-sia.org,uk To report illegal activity: 0800 555111


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