TFL wheel clamper has no SIA license

[j70han]

I was clamped two days ago by a clamper from DBK Collections Ltd working on behalf of Transport For London to collect an outstanding penalty ticket. I genuinely knew nothing about this ticket until my car was clamped.

 

I put in a late appeal yesterday and TFL have suspended the ticket for 19 days while they look into it. TFL, although suspending my penalty ticket will not authorise the clampers to remove the clamp until they look into my appeal - so the clamp may stay on my car for 20 days.

 

The main issue here is that the guy that clamped my car does not have a SIA license and is not registered with the SIA. TFL claim he doesn't need one. Can anyone advise?

 

Also, this is a bit of a legal question, but if I can remove he clamp without causing any damage to it and keep it in my boot until the clampers come back to collect it, am I breaking the law?

 

Any advice on this will be very much appreciated.

 

Thanks

Edited February 6, 2022 by dx100uk
added A few blank lines only..dx

[Fair-Parking]

Though there are many different interpretations of the law on the removal of clamps, one of our members did do that a month or two ago. Further he took the two parts around to his local police station at Wimbledon who quickly absolved themselves from becoming involved, stating that this was a 'civil matter'.

 

The clampers were Merton Council and I understand that the member still has the bitzaclamp. Merton Council did not pursue any action.

[falcon185]

I was clamped two days ago by a clamper from DBK Collections Ltd working on behalf of Transport For London to collect an outstanding penalty ticket. I genuinely knew nothing about this ticket until my car was clamped. I put in a late appeal yesterday and TFL have suspended the ticket for 19 days while they look into it. TFL, although suspending my penalty ticket will not authorise the clampers to remove the clamp until they look into my appeal - so the clamp may stay on my car for 20 days.

 

The main issue here is that the guy that clamped my car does not have a SIA license and is not registered with the SIA. TFL claim he doesn't need one. Can anyone advise?

 

Also, this is a bit of a legal question, but if I can remove he clamp without causing any damage to it and keep it in my boot until the clampers come back to collect it, am I breaking the law?

 

Any advice on this will be very much appreciated.

 

Thanks

 

Hi,

it is my understanding that if the person who clamps your vehicle is not SIA licenced he commits a criminal offence, not ONLY him but who employs him to carry out this "unlawful" clamping also commits a criminal offence i.e. TFL!!! A person MUST be licenced to carry out this type of work. I'm pretty sure that there is no exemptions to this law and as far as I know that includes TFL who think they are a law unto themselves. I'm sure someone will be along soon to confirm this or give more guidance than I can.

[falcon185]

oops

Edited June 21, 2008 by falcon185
links not allowed ;-)

[falcon185]

Just found this,

it looks like they can clamp a vehicle for outstanding court fines on a public road WITHOUT an SIA licence. SIA licence is required to clamp on private land.

 

There has been a great deal of confusion concerning the right of bailiffs to clamp a vehicle on “private ground”, and whether he needs a Security Industry Authority (SIA) Licence or not. There is clear Statutory Legislation that states that an SIA Licence is required by anyone, including of course bailiffs, when “clamping a vehicle and charging a release fee” on private ground (a licence is not required if the vehicle has been clamped on a public road).

 

However the Government made changes to the licence requirement on 11th July 2006.The changes are that:

 

• Contactors used by the courts that clamp, or immobilise a vehicle in pursuit of outstanding fines are removed from the requirement to be licensed under the Security Industry Authority.

 

• Those whose responsibility it is to remove a wheel clamp (having not originally attached it), unblock or return a vehicle, or charge for any of those activities fall within the requirement to be licensed under the Private Security Industry Act (PSIA) 2001.

 

It would appear therefore that the bailiff does not need an SIA licence if he is pursuing an unpaid fine. We have an entire section on SIA Licences in our Parking Section.

[j70han]

Hi,

 

Thanks very much for your help and advice,

 

That's a real shame, thought I had them on that one. I was even advised by the SIA themselves that he needed a license, it's very confusing. However, my car was praked in a private parking bay run by my local council. Does that make a difference?

 

Thanks

[falcon185]

Hi,

not sure on private parking bays, I think they are still on the road? If it had been a privatly run car park or land then an SIA licence would be a requirement for clamping. Might be worth giving the Dept of Transport a ring and ask them, they might be able to throw some light on it for you better than I can.

[zzabahs]

I came across this explanation of what I assume are the amendments in 2006 -

 

2.1 The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 amends Part 1 of Schedule 2 to the Private Security Industry Act 2001 ("the 2001 Act") to add or remove activities from activities liable to control under the Act as follows:

(a) the activities of several groups of persons who work for the prison service, immigration service, the police, the British Transport Police, the Civil Nuclear Constabulary and harbour authorities are removed from the scope of the manned guarding provisions and, in certain cases, from the vehicle immobilisation and removal activities;

(b) the activities of certain bailiffs and of persons who remove abandoned vehicles on behalf of the police and local authorities are removed from the scope of vehicle removal activities and, in certain cases, from the vehicle immobilisation activities; and

© the activities of removing a clamp from a vehicle, returning a vehicle which has been removed or restricted and charging for either of those activities are added to the scope of the vehicle immobilisation and removal activities where they are carried out in connection with the clamping or removal of that vehicle in circumstances where a charge is going to be imposed.

[patdavies]

However the Government made changes to the licence requirement on 11th July 2006.The changes are that:

 

• Contactors used by the courts that clamp, or immobilise a vehicle in pursuit of outstanding fines are removed from the requirement to be licensed under the Security Industry Authority.

 

• Those whose responsibility it is to remove a wheel clamp (having not originally attached it), unblock or return a vehicle, or charge for any of those activities fall within the requirement to be licensed under the Private Security Industry Act (PSIA) 2001.

 

It would appear therefore that the bailiff does not need an SIA licence if he is pursuing an unpaid fine. We have an entire section on SIA Licences in our Parking Section.

 

PCNs are not, by any stretch of legal imagination, fines. They are, and remain, civil penalties.

[zzabahs]

So where a subcontractor is removing vehciles from public roads on behalf of the local authroity and is then charging a release fee - which is the licensible activity under SIA - do they require a licence for this (if not the removal and imobilisation of the vehicle).

 

Can anyone shed some light???

[tomtubby]

j70han.

 

The advice that you have been given is not right. The local authority have 19 days to consider you Out of Time late Stat Dec, but I can ASSURE you that it can take an ADDITIONAL 7-10 days for the system at TEC to update your records.

 

However as it would appear that you did not receive any Statatutory Notice because they had gone to a previous address then TfL should NOT reject your application.

 

TfL SHOULD allow the car to be released as the Statutory Regulations do provide that the bailiff can put a Walking Possession on the car and this would allow it's release .

 

DKB are one of their appointed firms of bailiffs.

 

When the SiA were set up bailiff's had to be SiA appointed. However, the bailiff industry complained to the DCA ( now MOJ) and changes were made to the Statutory Instrument to EXCLUDE them.

 

The Post by Falcon which is repeated by Pat Davis was written by me in earlier posts. PAT......... You are of course right on the point on the word FINE....I will look into this today.

[green_and_mean]

So where a subcontractor is removing vehciles from public roads on behalf of the local authroity and is then charging a release fee - which is the licensible activity under SIA - do they require a licence for this (if not the removal and imobilisation of the vehicle).

 

Can anyone shed some light???

 

 

Clamping on the public highway is not covered by SIA.

[WAVE_131]

Ok, a couple of suggestions.

 

It is apparently not necessary to have a licence to clamp on the public highway. So if we know of an unlicenced firm or individual then they are not legally permitted to clamp on private ground, am I right?

 

Therefore we just wait untill they are seen operating on private land and then report them. Or am I wrong?

 

If I understand the law correctly, if I park on private land and am clamped the law deems me to have agreed to it if there are numerous signs warning me of the activities of the clampers. I find the idea that I have agreed to being clamped ludicrous but will accept it.

 

If I therefore carry a notice which I display in my windscreen to the effect that I will consider any items placed or attatched onto or into my car as a gift will that be accepted as having the same weight in law as the warning sign.

 

Regarding those incidents of clamping which are CIVIL not criminal what is the role of the police should they come across me removing a clamp from my car? I may be causing criminal damage to it BUT it is in dispute whether it should be there.

 

In the case described at post #1 do the clampers have a duty of care over the vehicle clamped?

 

Finally, an anecdote from the USofA. Having been stung by having his car removed to a pound a motorist decided on revenge. He bought an old banger and parked it where it would be towed away. It was. He had however filled the boot (trunk?) with a load of FISH which promptly started to rot and fill the pound with an unpleasant smell.

 

He told the pound that it was inconvenient for him to come for the car at that time but would come eventually....he also reminded them that the fish were his property and removal of them would be considered theft.

 

How much are old bangers in the UK....anyone fancy forming a syndicate??

[zzabahs]

id be surprised if only you could get more than one person to join you - all the power to the people has gone