Until 1992 no one knew what English Law had to say about a landowner's right to clamp trespassing motor vehicles and demand a release fee. However the case of Arthur v Anker clarified the matter.
Mr Arthur parked for about 45 minutes in a private car park while visiting a council planning department. He knew he was trespassing and ignored a warning that unauthorised vehicles would be wheel clamped and £50 demanded for its release. His car was subsequently wheel clamped by Mr Anker. Mr Arthur refused to pay and tried to remove his car with a pick-up truck. When this failed, he returned at night and succeeded in removing the two wheel clamps that had immobilised his vehicle before driving away. Mr Arthur then went on to sue Mr Anker for trespass to his vehicle. In rejecting Mr Arthur's claim the Court of Appeal laid down rules that now govern private wheel clamping.

As well as requiring adequate warning notices, which are visible from the vehicles parked position, the court said that the amount of the declamping fee must be reasonable and that arrangements must be in place to enable prompt release of the vehicle once motorists have indicated that they are willing to pay the release fee. Also a wheel clamper must not do anything that might damage vehicles or detain them after their owners had indicated their willingness to comply with the conditions of the release.

So to conclude, if there are warning notices on display which make it obvious that to park will constitute trespassing on private property, then there is a risk you will be wheel clamped. This is because the law will infer that you "consented" to your car being clamped and to payment of the stated release fee.

From 3rd May 2005, the Government introduced a statutory licensing scheme for anyone undertaking "licensable vehicle immobilisation activities" as part of The Private Security Industry Act 2001. Vehicle Immobilisers are required by law to hold a licence from the Security Industries Authority (SIA). Under the scheme Vehicle Immobilisers have to attend an extensive five day training course, sit and pass stringent exams, complete a full identity check, and have CRB records inspected for criminal convictions.

The Security Industry Authority also has the power to inspect wheel clamping firms and keep a national register of approved vehicle immobilisers. It is also a criminal offence for a land owner to employ someone who isn't licensed by the Authority to carry out wheel clamping on there behalf. The Wheel Clamping Company welcomes the implementation of licensing. All The Wheel Clamping Company staff are licensed.


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If you would like to read the Act in full, it is available by following this link.

The Licensing is undertaken by The Security Industry Authority.
You can visit their website by following this link.

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