Transport minister
Sadiq Khan today signalled the Government’s intention to crack
down on rogue parking firms with the introduction of tough new
rules limiting the access to driver data.
Currently, private companies can request vehicle keepers’ details
from the DVLA in order to issue penalty notices for drivers who
have illegally parked on private land.
They will now all need to be a member of an Accredited Trade
Association – requiring them to abide by a strict code of conduct
– to get this information.
The measure is part of a broader cross-Government action plan to
radically overhaul the rules governing the enforcement of parking
on private land, due to be published in the Autumn. The plan is
designed to target rogue firms and landowners who unfairly clamp
vehicles or demand extortionate payments.
Transport Minister Sadiq Khan said:
“Where drivers break legitimate conditions set by landowners then
it is right that penalties are applied. But we will not tolerate
unscrupulous firms breaking the law by overcharging or
intimidating motorists.
“We want a fair system that is clearly communicated with an
independent complaints procedure.
“In order to achieve this we will be publishing later this year a
cross-Government action plan which will help us to protect
motorists and put a stop to the unacceptable behaviour of cowboy
clampers and rogue parking firms.”
Other measures being considered include a compulsory licensing
system for clamping firms which will ensure they behave
responsibly and will allow the Security Industry Authority – the
body that regulates the private security industry – to hold them
to account.
This has recently been the subject of a consultation from the
Home Office, the results of which will be announced later this
year. However, specific measures are likely to address issues such
as excessive penalties for releasing clamped vehicles, impounding
cars unreasonably quickly after being clamped, inadequate signage
warning drivers that clamping takes place and inadequate processes
for dealing with objections from drivers.
The Government is considering how they can secure an independent
review of complaints, and how best to make sure motorists are
aware of their rights under consumer protection legislation.
Notes to Editors
1. Regulation 27 of the Road Vehicles (Registration and
Licensing) Regulations provides for the release of information
from DVLA’s vehicle records to those who can show ‘reasonable
cause’ for requiring it.
2. Parking operators are already required to be a member of
an ATA to have approved access via an electronic link to the
vehicle record but the intention is to extend this requirement to
those making manual, paper-based requests.
3. There are two main ways in which an owner of land to which the
public has no right of access can enforce the terms and conditions
on which s/he decides to make the land available for parking by
others. One is to immobilise any vehicle that does not comply with
those terms and conditions. The other is to leave a request for
payment or additional payment on the vehicle. If the vehicle
keeper does not comply with this payment request, pursue payment
by obtaining the keeper details of the vehicle from DVLA.
Today’s announcement involves the latter, or “ticketing”, enforcement.
4. The Government is also considering immobilisation on private
land. The Home Office has recently consulted on parking
enforcement using vehicle immobilisation (http://www.homeoffice.gov.uk/documents/cons-2009-vehicle-immobilisation/vehicle-immobilisation-cons1.pdf?view=Binary).
They have proposed that all immobilisation companies should have
to be licensed by the Security Industry Association (SIA), as
individual operatives must be currently.
5. To date, the only ATA for car parking companies is the British
Parking Association. Further information can be found on their
website: www.britishparking.co.uk
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