Disabled son got clamped!!

[sea-sidelady]

Well..not my son, but his car!!

 

My son had parked in a local car park for roughly ten mins. He is disabled and this is the nearest car park to where he had to be. It is a private car park, which he didn't realise.

 

He got out of the car and didn't display his blue badges properly, he left them on the seat, and was clamped. But it does say on the tax disc it is a mobility car. Isn't there something about not clamping a mobility car?

 

In a panic my son borrowed the money from a friend and paid by credit card. £125.00 for a ten minute stay!

 

I have since found out this firm sit in the car park just waiting all day to clamp people.

 

Is there anything we can do as there is no way my son can afford this, and i'm not in the best position to help him.

 

Any help will be great.

[sea-sidelady]

Also, is there anyway I can find out if they are a legal firm, as I am having problems finding out. They are called "Predator Security Uk Ltd"

[crem]

They are called "Predator Security Uk Ltd"

 

The name seems quite apt from what you describe!

[My Real Name]

The sticky post covers whether or not the act of clamping was lawful. Thi includes factors such as signage, paperwork and SIA licenses.

 

If the clamping truns out to be unlawful, then it would be a question of obtaining a chargeback from the CC company, or making a claim in the county court against the clamper and land owner as joint defendants.

[crem]

The sticky post covers whether or not the act of clamping was lawful. Thi includes factors such as signage, paperwork and SIA licenses.

 

The fact that it was a mobility car should in itself render the clamping as unlawful. I would go for the chargeback route I think putting grea stress on the "disabled" element of the clampers transgression.

[cirian75]

The paper work should contain the guy who put the clamp on SIA number

 

check here.

 

https://portal.the-sia.org.uk/web/start.swe?SWECmd=GotoView&_sn=sHtbwlco.1vamahUBjR9Sjl-VorLlP04BO2O4bXbUbk_&SWEView=LDL+Licence+Query+View&SWEHo=portal.the-sia.org.uk&SWETS=1249656203

 

 

If he's not I belive this becomes a criminal matter.

[sea-sidelady]

Thanks guys.

 

I can't get anything on that last link though.

[cirian75]

google the SIA

 

go to their site

 

and click on

 

"Search our register of of licence holders"

 

then on the bottom right

 

"Begin Search"

 

FireFox and Safari don't like the SIA site

 

you need to use Internet Explorer.

[cirian75]

I've googled Predator Security Uk Ltd with ref to SIA or clamping.

 

this thread is the 1st and only real hit, they must be brand new.

 

other than that, this all I can find

 

PREDATOR SECURITY UK LTD, DARWEN, LANCASHIRE, BB3 2TR (Company Report) - Experian - AlacraStore.com

[Britainsworstdriver]

It is illegal to immobilise or clamp a disabled driver. That will of course go on the proviso that it was apparant that the car is indeed being used by or for a diabled person.

 

The blue badge, was it visible or was it in a closed wallet?

 

I know the tax disc may well have said disabled, but that would be easy to miss when you are rushing to clamp someone.

 

Either way, it is an offence to clamp a disabled car and I have to ask if your son made it clear when he contacted them that he is indeed a disabled driver. If he did they should have immediately removed the clamp free of charge. It would be reasonable for them to ask to see the blue badge or even read the tax disc if it wasn't obvious that the driver was disabled.

 

Definitely inform them now if you haven't already and demand an immediate refund. If they don't they are in a lot of trouble.

[lamma]

Name & Registered Office: PREDATOR SECURITY UK LTD SWIFT HOUSE 6 CUMBERLAND CLOSE DARWEN LANCASHIRE BB3 2TR Company No. 06596028 Status: Active Date of Incorporation: 19/05/2008 From a free search on Companies House website.

[sea-sidelady]

My son informed him straight away he was disabled, and it was a mobility car. Thew guy has seen the badges, and basically said tough, if he had displayed the badges he wouldn't have clamped him.

 

Doesn't make any sense!!

[cirian75]

so, he knowing admited to clamping a mobility car.

 

Police and SIA time me thinks.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/137863-clamping-guide.html

 

"The PSI Act sets out that:

 

• The person immobilising the vehicle must be licensed by the Security Industry Authority.
  
• The person immobilising or releasing the vehicle must have their Security Industry Authority identification badge on display.
  
• Upon payment a receipt must be issued. The receipt should contain the:
  
  • the name of the license holder
    
  • the signature of the license holder
    
  • the license holders SIA License number
    
  • the location where the vehicle was clamped or towed
    
  • the date when the vehicle was clamped or towed
    

   

Further terms for vehicle immobilisers were set out in The Private Security Industry Act 2001 (Licenses) Regulations 2007.

 

 

These are

 

1)A vehicle must not be clamped / blocked / towed if:

a)A valid disabled badge is displayed on the vehicle.

b)It is an invalid carriage

c)It is a marked emergency service vehicle which is in use as such.

 

 

In The Private Security Industry Act 2001 (Licences) Regulations 2007

 

• “invalid carriage” has the same meaning as in section 253(5) of the Road Traffic Act 1960;
  
• “disability badge” means a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970; and
  
• “Emergency vehicle” has the same meaning as in regulation 3(2) of the Road Vehicles Lighting Regulations 1989.
  

Any firm who does not comply with the above is in breach of the Security Industry Act and can be prosecuted.

 

It is also an offence to knowingly employ unlicensed clampers. Landlords can be fined up to £5000 and/or be jailed for up to 6 months per offence. "

 

 

Contact the SIA and the Plod

Edited August 7, 2009 by cirian75

[pin1onu]

This is very naughty. A clear breach of SIA regulations.

 

Look at section 6 of the regulations.

 

The Private Security Industry Act 2001 (Licences) Regulations 2007 No. 810

 

I would suggest that you contact the clamper and suggest a refund is in order, or else you will have no recourse other than to raise complaints with the SIA and the Old Bill.

[green_and_mean]

so, he knowing admited to clamping a mobility car.

 

Police and SIA time me thinks.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/137863-clamping-guide.html

 

"The PSI Act sets out that:

 

• The person immobilising the vehicle must be licensed by the Security Industry Authority.
  
• The person immobilising or releasing the vehicle must have their Security Industry Authority identification badge on display.
  
• Upon payment a receipt must be issued. The receipt should contain the:
  
  • the name of the license holder
    
  • the signature of the license holder
    
  • the license holders SIA License number
    
  • the location where the vehicle was clamped or towed
    
  • the date when the vehicle was clamped or towed
    

Further terms for vehicle immobilisers were set out in The Private Security Industry Act 2001 (Licenses) Regulations 2007.

 

 

These are

 

1)A vehicle must not be clamped / blocked / towed if:

a)A valid disabled badge is displayed on the vehicle.

b)It is an invalid carriage

c)It is a marked emergency service vehicle which is in use as such.

 

 

In The Private Security Industry Act 2001 (Licences) Regulations 2007

 

• “invalid carriage” has the same meaning as in section 253(5) of the Road Traffic Act 1960;
  
• “disability badge” means a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970; and
  
• “Emergency vehicle” has the same meaning as in regulation 3(2) of the Road Vehicles Lighting Regulations 1989.
  

Any firm who does not comply with the above is in breach of the Security Industry Act and can be prosecuted.

 

It is also an offence to knowingly employ unlicensed clampers. Landlords can be fined up to £5000 and/or be jailed for up to 6 months per offence. "

 

 

Contact the SIA and the Plod

 

It is not an offence to clamp a mobility car and a mobility car has no legal standing in any parking or clamping legislation. The OP has already stated the Blue Badge was not displayed correctly which would invalidate it under the disabled badge regs. Whilst not ethically correct they have not broken any law as regards the SIA or any other relevant legislation.

[Britainsworstdriver]

Keep researching.

Edited August 8, 2009 by Britainsworstdriver

[pin1onu]

Ordinarily G&M I would agree with you, but I thing for the purposes of the county court and the SIA the badge was on display albeit not in the prescribed manner (unless of course the OPs car doesn't have facia or dashboard.

 

From the statement of the clamper he knew he was a clamping a disabled persons vehicle which is in clear breach of the regulations.

 

From the regulations

 

12. For the purposes of section 21(4A) of the 1970 Act a disabled person's badge is displayed on a vehicle in the prescribed manner if-

 

(a) the badge is exhibited on the dashboard or facia of the vehicle, or

 

(b) where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,

 

so that the front of the badge is clearly legible from the outside of the vehicle.

As offenses under the act are treated as criminal then this statement becomes pertinent in court. The OP should take this up with the SIA.

 

I would also suggest that as the BB was on the seat it was clearly legible from outside the vehicle.

[cirian75]

the simple thing is once the clamper was show the proof of it being a disabled car.

 

he should have unclamped and sent the person on their way with no charge.

[sea-sidelady]

just an update...

 

My son saw the clamper yesterday, he approached him and was very calm and polite, and asked for a refund, while showing him the print out of the letter in post 13 above.

 

The guy went ballistic!! Shouting and screaming and threatening my son, saying he didn't give a "s***" it was a disabled car, and he will do it again if he sees it regardless of the badges!

 

So now I am more mad than ever!!!

 

I will see if there is a template letter I can get to send to these clowns.

[pompeyfaith]

this is also discrimination i would go and see a solicitor

[sea-sidelady]

As much as I would love to, I guess it would be his word against theirs.

[cirian75]

Clamper knows he's in the crap.

[lamma]

I agree. Did you have a pocket voice recorder active ? Always useful in these face to face meetings with [problematic] and cheats.

[patdavies]

Ordinarily G&M I would agree with you, but I thing for the purposes of the county court and the SIA the badge was on display albeit not in the prescribed manner (unless of course the OPs car doesn't have facia or dashboard.

 

 

How can there be a prescribed manner on a private car park?

[barrybarry]

Can you record conversations without the other person agreeing to it though?