Three cheers for the ban on clamping

Let’s face it how hard is it to park correctly and lawfully … It’s not rocket science.

I’ve held a driving licence for 30 years and not been clamped. It’s not down to luck but by using common sense.

All you need to do is look at the locale, for example if you have a pay & display car park near where you are parking what’s the likelihood that you have managed to strike oil.

If you are going to park in a residential area and visit the local shops what’s the likelihood the parking belongs to the shops. If you park in a shops car park and cross the road what’s the likelihood that the parking belongs to the other shop.

When parking in a residential or business area what’s the likelihood that no parking enforcement is in operation.

If you have received a speeding ticket or been clamped you probably deserved it.

If you don’t speed and use official pay & display car parks you won’t receive a speeding ticket or find your vehicle clamped.

Clamping is necessary, but not by charlatans and criminals!

However, if you are inconsiderate and park wherever you like, inconveniencing someone else through no fault of their own, then you should be inconvenienced by loosing your beloved money. Then again, if an emergency occurs and your car is thoughtlessly parked in the way, attributing to someone’s death who might have otherwise received hospital treatment in time, would you then be liable as an accessory to that death? Think about that for a moment.

Wheel clamping ban will be a ‘Charter for the Selfish Parker’

New Parking Appeals Service will give Extra Protection to Motorists (but what about Flat Owners?)

The Federation of Private Residents’ Associations (FPRA) which represents flat owners in England and Wales accused the Government of ignoring flat owners and tenants with the announcement of an outright ban on clamping cars on private land, as we believe it will cause major problems for ordinary residents living in blocks of flats with a parking space.

The Protection of Freedom Act which received Royal Assent earlier this year ignores all the issues we raised during the passage of this Bill regarding the car clamping ban and it will now be included in the Coalition’s The Protection of Freedoms Act which comes in to force on October 1st.

The Government’s response to our concerns is that landowners can erect barriers around their property to control illegal parking. This might be fine for well-heeled companies, the landed gentry and government departments, but it displays a dismal ignorance of how this can be achieved in blocks of flats.

The FPRA pointed out to the Home Office that

1. Residents and leaseholders of blocks of flats may not be able to install barriers because the terms of the lease will not allow them;

2. If the lease does allow or if it is amended to allow (a very complicated and costly process) the installation of barriers, the cost of installing and maintaining them will fall on the ordinary leaseholder, which includes pensioners and the not-so-well-off. Will the government contribute to this cost?

3. Barriers are restrictive and inconvenient to residents, visitors and trade vehicles interfering with the free movement in and out of where they live, work or visit.

Federation Chairman Bob Smytherman said:

“The Coalition Government’s understanding of car clamping is depressingly naive as they seem to just think that it’s a black and white issue of drivers as victims, when in fact victims are also residents whose lives are plagued by illegally parked cars.

“Ministers naively thinks ‘landowners’ can just erect barriers, having no understanding that ‘landowners’ also includes ordinary people – leaseholders – in blocks of

flats who could be forced to pay for the installation and management of barriers, if the lease allows it. And most likely the lease will not allow it, in which case there is little that those residents can do to effectively keep out unwanted cars.

“This new law will bring misery to a lot of people and certainly not the ‘Freedom’ the Government claim.”

The FPRA argued that the real problem with the system was the rogue car clampers, and the solution should have been to regulate them, not ban the practice.

FPRA Chairman Bob Smytherman who represents leasehold flat owners on the BPA (AOS Board) added:

“Whilst we are very disappointed that the Government ignored our concerns about banning wheel clamping, we must comply with the law of the land and therefore we strongly recommend to leasehold flat owners that you cease wheel clamping on your land as soon as possible and instruct a BPA (Approved Operator) to manage your site to comply with the new Protection of Freedom Act 2012 and to benefit from the new Independent Appeals Service after 1st October. Not only must this scheme be totally independent of the operators but be seen to be independent too.”