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For a truck to be legally clamped on private property
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in England and Wales: • There must be clearly visible warning notices, preferably including a telephone number • The landowner cannot charge more than a "reasonable" fee for release • If you don't think a damper is licensed, don't pay the release fee —they, not you, are committing a criminal offence • Call the police if they refuse to release your vehicle • Report threatening or intimidating behaviour by the damper to the police too • If you think you should not have been clamped, the only way to get your money back may be through the courts • Only BPA-approved companies have to have their own appeals process • Take a photograph to use as evidence as to whether warning signs were clear • Clampers must have a vehicle immobilisers' licence from the Security Industry Authority (SIA) Source: Citizens Advice Bureau contact number are visible on signs. Painter confirms he was told he could appeal against the charge although a drawback of the whole process is, of course, that drivers have to shell out the money to get their trucks back in the first place.
Cash back "Drivers can appeal to us," insists the CP Plus spokesman. "We have a department that deals with it. We do actually give a refund in some cases." If a driver is not satisfied with the way his or her appeal has been dealt with, they can contact the BPA, which will then look at whether the company's processes are up to scratch although the BPA won't intervene in individual disputes.
Still, at least some redress is possible. "Every member company must have a robust, thorough appeals process," a BPA spokeswoman tells CM.
While drivers may not like it and may reasonably rail against a lack of facilities that puts them into a position where they risk being clampedthe message for all drivers is clear: don't park at Knutsford if you can avoid it. •