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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