VEHICLE IMMOBILISATION

1. VEHICLE IMMOBILISATION Commonly known as ‘wheelclamping’, vehicle immobilisation is sometimes seen as a controversial method of parking enforcement. There are situations however when - coupled with vehicle removal (towing away) - it is the most effective method. This information sheet will explain the role of vehicle immobilisation and the operators that carry out the operation. Is vehicle immobilisation legal? Yes, it is legal under the laws of England and Wales, but not Scotland. Why might a vehicle be immobilised? If a vehicle is parked on private land where it is not authorised to park, or is not parked in accordance with the Terms and Conditions relating to the use of the land, that vehicle may be immobilised, relocated within the car park or possibly removed. Permissible reasons for the removal of vehicles include: parking in reserved residential parking bays or emergency services access points; or parking a vehicle in such a way as to cause a serious obstruction that is likely to cause danger. How is vehicle immobilisation regulated? The vehicle immobilisation and removals industry is regulated by the Security Industry Authority (SIA) through the Security Industry Act 2001. This Act regulates the functions of vehicle immobilisation and removal of vehicles on private land and in private car parks accessible to the public by requiring those operators involved to apply for a licence. It is a criminal offence to work in vehicle immobilisation or removal without a valid SIA licence. Members of the BPA who are involved in off-street vehicle immobilisation are also required to join the Association’s Approved Operator Scheme, to ensure that their operation achieves the highest possible standards. I am a ‘Blue Badge’ holder: surely my vehicle will not be clamped? The legislation for immobilisation of a vehicle belonging to a registered disabled person is unclear at the moment for parking on private land. However a landowner may instruct their agents (the operator) to immobilise a vehicle displaying a ‘blue badge’ if they are parked without authorisation on private land.

2. A vehicle displaying a ‘blue badge’ will only be removed however if there are reasonable grounds to believe that the badge is being used to obtain a lawful concession to which that driver is not entitled. The BPA recommends that each contractor develops a policy with the landowner that deals with these issues in a sensitive way, giving due regard to a person’s disability. I have a complaint about a wheelclamper: what can I do ? You must go through the Appeals Process as set down by the operator on the signage in that car park. As a membership organisation, the BPA does not become involved in individual enforcement cases. However the Association does take a particular interest in promoting best practice in the parking industry and are concerned when our attention is drawn to incidents which may not reflect this. At the present time, all complaints received by the BPA against its members are logged. If there is a breach of our Code of Practice, the complaint is passed to them for review, comment and further action where appropriate. Any action taken by the BPA against a member is based on facts relating to our Code of Professional Conduct and our Code of Practice (available on our website below).  If there is a case to answer then a full investigation and appropriate action will be taken which may – in extreme cases result in suspension or termination of BPA Membership. What if they aren’t members of BPA? If the operator is not a member of the Association, then our influence is more limited. The Association will contact the operator and point out any activities that are in breach of the Code of Practice, and recommend that the operator joins the Association. In any event, all complaints received are logged and copied to the SIA, and we would recommend that you copy any correspondence to them also. The British Parking Association. Stuart House, 41-43 Perrymount Road, Haywards Heath, West Sussex RH16 3BN Tel: +44 (0) 1444 447300 Fax: +44 (0) 1444 454105 info@britishparking.co.uk www.britishparking.co.uk