Clamping Boss has come up with a 'Charter for Private Parking & Enforcement'

[Coupon]

What more can I say, I have commented - as my alter ego as Coupon-mad on MSE - on the website just under this latest clampers' rant from 1st Feb (Lynne Featherstone MP's Wheel clamp website).

 

Go and see what Trevor Whitehouse (National Clamps) has got to say, I despair of PPCs and clampers:

 

http://www.lynnefeatherstone.org/201...2#comment-8189

 

My jaw has not lifted off the floor yet after reading his drivel....

[Coupon]

I have copied it here in case he removes it:

 

 

Trevor says: 1 February 2011 at 5:33 am

Maybe premature, but I think that both sides of the ‘Should they go or should they stay” have merits and will probably force even more consultation (yet again!) and the cowboys will be granted more time to exploit. Without a structure of the rights and wrongs all will once again fail. I have written a ‘A Charter for Private Parking and Enforcement, its just a stop gap which may be presented to ‘the house’ as an all party bill. So Please, for now be respectful and presume that clamping stays. Now I know that many of you want a ban but lets assume you’ve lost and you have to compromise. Please use empathy and consider the proprietor and their wishes after all; its there land not yours. This is a golden oppoutunity to have your say with influence and if you display that you still want the ban your comment will be lost.

The contents below are copyrighted

PRELUDE: A vehicle is to be deemed parked when it is secured, left unattended and does not display its hazard warning lights. In the event of only a majority a vehicle must be constantly supervised for no less than 10 minutes before acting upon that majority. The same ten minute warning must be given to a driver or occupants of a vehicle who are older than the age of consent to move a motor vehicle that is in contravention of parking rules before carrying out any enforcement. If children are the only occupants of the said vehicle and no parent or guardian has returned within those ten minutes then that vehicle may suffer no more than a parking ticket. A disabled driver will also suffer no more that a parking ticket if found to be in an area that is not specially designated for their use or the badge was not on display at the time of the incident.

EVIDENCE: A vehicle will only be in direct contravention of the parking restrictions if a warning sign is visible from the vehicles parked position. These signs must be sanctioned by an Approved Trade Association (ATA), which has a DVLA accredited code of practise. Photographic evidence of the vehicle infringement must be obtained prior to the act of enforcement whilst special attention should be placed on location of signs and the offence. All photographic evidence is the property of the agency but must be disclosed in the event of a county court appeal.

ENFORCEMENT: The proprietor depicts at which level enforcement starts. A two hour grace period must be given between a PCN, (a ticket) Vehicle Immobilisation or being towed away. Whilst performing the act of enforcement; a duty of care must be exercised at all times including a consideration to security of the vehicle and the welfare of the driver or occupants when they regain the use of the offending vehicle. The agency must adhere to the code of practise at all times and use only Sia Licensed operatives where appropriate.

COMMUNICATIONS: All offending vehicles must be reported immediately to a focal point for all communications. These head quarters (head office, or back offices) shall remain open during normal working hours and should handle the administration of the company. They should attain and maintain a standard that is nationally recognised Such as the SIA ACS or ISO 9001 and must strive to answer all phone calls by human intervention in less than 1 minute. They shall facilitate, when required, that all vehicles will be released or returned to the guardian of the vehicle within two hours once the offer of payment as been made and accepted. After office hours ; mobile phones on divert from HQ are permitted.

THE PENALTY: The driver of a private motor car will only attract only one penalty for one offence and will be void of escalating costs. If a ticket (PCN) or a vehicle immobilisation device is attached to the vehicle, the offence will incur a penalty of £100 and suffer £150 if it is attached to lifting gear of a tow truck or has been towed away. A PCN or ‘ticket’ attracts a 50% discount if paid within 10 working days. Debt recover fees increases by 20% per month thereafter up to a maximum of 90 days. The impound fee and overnight or fee shall not exceed 20% of the initial penalty and will be levied per twenty four hours through midnight thereafter. A Heavy goods vehicle will attract £200 if immobilised and £300 if towed and impounded. After Ninety days any vehicle in the agencies possession must be sold at public auction with permission from the DVLA and profits minus expenses will be offered to the registered keeper using recorded delivery, if unclaimed after 14 days the offer can be retracted and the matter closed. These penalties will increase every three years after the first of January 2011 and shall not exceed the rate of inflation.

APPEALS: Appeals will be analysed and mitigating circumstances such as hardship, failure to display a relevant permit and a question of time other than the above can be ignored, but all self addressed envelopes will receive a written response. Refunds will be despatched within 10 working days on receipt of the appeal. Appeals that require further investigation; the claimant must be be advised both at the onset and of the outcome which must conclude within 20 working days. Should the aggrieved motorist still feel dissatisfied by the decision not to be refunded, then this charter may be used as evidence that a breach of contract has occurred and the plaintiff may seek a refund plus compensation from a judge in the small claims court. A member will be suspended from operations and one hundred pounds penalty per day, whilst they have an unsatisfied judgement against their name. Three judgements will invoke a permanent ban.

THE GUARANTEE: The Chief Executive Officer of a parking enforcement agency hereby declares that references to this Private Parking Charter will be displayed prominently on all relevant correspondence and receipts alike. A copy must be readily downloadable from the company website . The material and principles contained within this charter and its use is subject to a copyright that remains the property of the Parking Enforcement Trade Association. Any attempt to alter or use any part of the transcript will be vigorously defended and compensation sort. The company will endure at all times to give honour and respect to the articles contained herein and they will ensure that the conduct of the staff, their business will only described as forthright and upstanding, the company will also forfeit all other rights in the name of this charter and will concede to the requests and demands of the executive committee on the first instance.

Trevor Whitehouse

Chairman: National Clamps 1989~Present Day

President The parking Enforcement Trade Association

Honorary Member of the institute of parking proffessionals

 

 

 

 

 

 

Parking proffessional!!!!!!!!!!!!!!!!!!!!

[tomtubby]

I have copied it here in case he removes it:

 

 

Trevor says: 1 February 2011 at 5:33 am

Maybe premature, but I think that both sides of the ‘Should they go or should they stay” have merits and will probably force even more consultation (yet again!) and the cowboys will be granted more time to exploit. Without a structure of the rights and wrongs all will once again fail. I have written a ‘A Charter for Private Parking and Enforcement, its just a stop gap which may be presented to ‘the house’ as an all party bill. So Please, for now be respectful and presume that clamping stays. Now I know that many of you want a ban but lets assume you’ve lost and you have to compromise. Please use empathy and consider the proprietor and their wishes after all; its there land not yours. This is a golden oppoutunity to have your say with influence and if you display that you still want the ban your comment will be lost.

The contents below are copyrighted

PRELUDE: A vehicle is to be deemed parked when it is secured, left unattended and does not display its hazard warning lights. In the event of only a majority a vehicle must be constantly supervised for no less than 10 minutes before acting upon that majority. The same ten minute warning must be given to a driver or occupants of a vehicle who are older than the age of consent to move a motor vehicle that is in contravention of parking rules before carrying out any enforcement. If children are the only occupants of the said vehicle and no parent or guardian has returned within those ten minutes then that vehicle may suffer no more than a parking ticket. A disabled driver will also suffer no more that a parking ticket if found to be in an area that is not specially designated for their use or the badge was not on display at the time of the incident.

EVIDENCE: A vehicle will only be in direct contravention of the parking restrictions if a warning sign is visible from the vehicles parked position. These signs must be sanctioned by an Approved Trade Association (ATA), which has a DVLA accredited code of practise. Photographic evidence of the vehicle infringement must be obtained prior to the act of enforcement whilst special attention should be placed on location of signs and the offence. All photographic evidence is the property of the agency but must be disclosed in the event of a county court appeal.

ENFORCEMENT: The proprietor depicts at which level enforcement starts. A two hour grace period must be given between a PCN, (a ticket) Vehicle Immobilisation or being towed away. Whilst performing the act of enforcement; a duty of care must be exercised at all times including a consideration to security of the vehicle and the welfare of the driver or occupants when they regain the use of the offending vehicle. The agency must adhere to the code of practise at all times and use only Sia Licensed operatives where appropriate.

COMMUNICATIONS: All offending vehicles must be reported immediately to a focal point for all communications. These head quarters (head office, or back offices) shall remain open during normal working hours and should handle the administration of the company. They should attain and maintain a standard that is nationally recognised Such as the SIA ACS or ISO 9001 and must strive to answer all phone calls by human intervention in less than 1 minute. They shall facilitate, when required, that all vehicles will be released or returned to the guardian of the vehicle within two hours once the offer of payment as been made and accepted. After office hours ; mobile phones on divert from HQ are permitted.

THE PENALTY: The driver of a private motor car will only attract only one penalty for one offence and will be void of escalating costs. If a ticket (PCN) or a vehicle immobilisation device is attached to the vehicle, the offence will incur a penalty of £100 and suffer £150 if it is attached to lifting gear of a tow truck or has been towed away. A PCN or ‘ticket’ attracts a 50% discount if paid within 10 working days. Debt recover fees increases by 20% per month thereafter up to a maximum of 90 days. The impound fee and overnight or fee shall not exceed 20% of the initial penalty and will be levied per twenty four hours through midnight thereafter. A Heavy goods vehicle will attract £200 if immobilised and £300 if towed and impounded. After Ninety days any vehicle in the agencies possession must be sold at public auction with permission from the DVLA and profits minus expenses will be offered to the registered keeper using recorded delivery, if unclaimed after 14 days the offer can be retracted and the matter closed. These penalties will increase every three years after the first of January 2011 and shall not exceed the rate of inflation.

APPEALS: Appeals will be analysed and mitigating circumstances such as hardship, failure to display a relevant permit and a question of time other than the above can be ignored, but all self addressed envelopes will receive a written response. Refunds will be despatched within 10 working days on receipt of the appeal. Appeals that require further investigation; the claimant must be be advised both at the onset and of the outcome which must conclude within 20 working days. Should the aggrieved motorist still feel dissatisfied by the decision not to be refunded, then this charter may be used as evidence that a breach of contract has occurred and the plaintiff may seek a refund plus compensation from a judge in the small claims court. A member will be suspended from operations and one hundred pounds penalty per day, whilst they have an unsatisfied judgement against their name. Three judgements will invoke a permanent ban.

THE GUARANTEE: The Chief Executive Officer of a parking enforcement agency hereby declares that references to this Private Parking Charter will be displayed prominently on all relevant correspondence and receipts alike. A copy must be readily downloadable from the company website . The material and principles contained within this charter and its use is subject to a copyright that remains the property of the Parking Enforcement Trade Association. Any attempt to alter or use any part of the transcript will be vigorously defended and compensation sort. The company will endure at all times to give honour and respect to the articles contained herein and they will ensure that the conduct of the staff, their business will only described as forthright and upstanding, the company will also forfeit all other rights in the name of this charter and will concede to the requests and demands of the executive committee on the first instance.

Trevor Whitehouse

Chairman: National Clamps 1989~Present Day

President The parking Enforcement Trade Association

Honorary Member of the institute of parking proffessionals

 

 

 

 

 

 

Parking proffessional!!!!!!!!!!!!!!!!!!!!

 

 

The British Parking Association already have their own "Code of Practice" . I assume that this "professional" is not a member......

[dw190]

The British Parking Association already have their own "Code of Practice" . I assume that this "professional" is not a member......

 

Proffesional is an understatement for that guy. I would say he's more a Master of his trade. Is the trade bating?

[tomtubby]

Another nice story about a Private Parking Clamping firm. This time.....LBS and their Director; Mr Matthew Boosey....

 

It would appear from reading the story that Mr Boosey is now considering changing his profession to be....a certificated bailiff!!

 

Unless, I'm mistaken......isn't this the very same Matthew Boosey who had a previous bailiff certificate at Clerkenwell & Shoreditch County Court and was subject to a Form 4 Complaint!!!

 

As I say....I could be mistaken...

 

http://www.echo-news.co.uk/news/8833983.Director_of_clamp_company_admits_mistakes_were_made/

[Old Snowy]

The British Parking Association already have their own "Code of Practice" . I assume that this "professional" is not a member......

Oh, he's a member - or certainly has been in the past (or rather his company has). Reading through some of the recent articles it seems that Trev has taken a dislike to the increase in fees for being a member of the AOS (IIRC he didn't like it being raised to £7,000). His website still shows an unadulterated BPA logo but on the masthead an AOS logo with a red cross through it.

 

Does one hear the clatter of toys being tossed out of the cot?

 

His real bugbear is the imminent banning of wheel-clamping and that is what is behind his current crusade and the formation of the the Parking Enforcement Trade Association of which his companies make up a substantial part of the small membership.

[Al27]

He's pis*ing against the wind. Quite entertaining to read. No doubt Lynne Featherstone had a good chuckle too.

[ptol]

[should the aggrieved motorist still feel dissatisfied by the decision not to be refunded, then this charter may be used as evidence that a breach of contract has occurred and the plaintiff may seek a refund plus compensation from a judge in the small claims court.

Whilst this sentence is written to the benefit of the driver, it would have the effect of making these penalty terms legal by act of parliament. This is dangerous stuff.

Edited February 7, 2011 by ptol
fixed quote brackets

[Al27]

Whilst this sentence is written to the benefit of the driver, it would have the effect of making these penalty terms legal by act of parliament. This is dangerous stuff.

 

If that was the case (and it is what the BPA is pushing for), there would be chaos. Every bit of private land in the country would become a cash cow.

[Cobra11]

Looks like Trevor wasted his his time in writing this report. It appears a 'Freedom Bill' (as reported in the Mail) is going to be enacted, and part of it will make clamping a criminal offence.