Is it an offence for a PPC to threaten clamping if they are not SIA registered?

[the_freedom_trail]

As the title,

 

TFT

[green_and_mean]

Isn't it the 'clampers' ie the staff that are registered??

[lihi]

Yes and they are supposed to wear their SIA ID proud as do door/bar security now adays.

 

When the ticket/release/invoice is written out it should include all of the clampers SIA info, it's also worth checking their reference number on the SIA website to ensure they are definitely who they say they are.

[Madsy]

I'm not sure if they need an SIA badge to write you a ticket but the individual needs to be SIA registered for wheel clamping specifically to clamp you - otherwise they're breaking the law I believe.The SIA website is pretty helpful

[the_freedom_trail]

PSI Act 2001 says that 'non front line' lincences must be held by those who are the directors/owners of a firm that employ clamping operatives. Penalty for breach is 6 months prison and up to £5000 fine.

 

Penalty for an unlicenced operative clamping a car is the same fine level but 5 years in prison.

 

TFT

[green_and_mean]

That hasn't really answered your question though. I think its perfectly legal for a compamy to threaten clamping as long as those clamping are registered. So in theory Acme car parks ltd who has no licenced clampers can threaten clamping as long as its sub contracted out to legit company who are registered.

[lamma]

It is an offense if they threaten it for unpaid invoices, licence or no licence.

[pin1onu]

That hasn't really answered your question though. I think its perfectly legal for a compamy to threaten clamping as long as those clamping are registered. So in theory Acme car parks ltd who has no licenced clampers can threaten clamping as long as its sub contracted out to legit company who are registered.

Correct to a point. In England and Wales clamping has to meet a number of conditions laid out in case law and the PSI Act and regualtions.

 

A company itself does not have to be registered but the principals of a company (owners, directors etc) that does clamp must have a non-frontline license. In addition those doing the actual clamping must have a front line license.

 

IMV it would constitute an offense either as fraud or under the CPUT regulations for a company to claim it clamps when it doesn't.

 

If a company were to sub-contract the work to a firm of licensed clampers then I think that they would OK to claim providing that it was clearly defined that the sub-contractor was acting as agent/on behalf of the original firm. However the devil would be in the detail. Remembering it is an offense for a landlord to employ an unlicensed clamper, It would need a carefully worded agency agreement to grant the subcontractor the necessary rights and fulfill the requirement under the act. Perhaps something of a "managed service" agreement would fit the bill.

 

As it stands whether this would fulfill the licensing requirements under the Act is open for testing.

 

Might be an interesting question to put before a court.

[the_freedom_trail]

Interesting, so if one felt that one had grounds for complaint and evidence to support that complaint would it need to be made with the SIA themselves or the Police?

 

TFT

[pin1onu]

SIA = toothless dog IMO.

 

Police response "civil matter don't want to know".

 

Getting someone to act might be difficult. I'd probably persue both avenues and maybe trading standards as well.