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Does the bailiff require an SIA Licence to immobilise
or clamp my car?
Under the Private Security Industry Act 2001, all vehicle
immobilisers by law must hold a Vehicle
Immobiliser Licence granted by The Security Industry Authority
(SIA). This Act was set up to protect
the public from abuses by unscrupulous
owners of private land. The SIA has
so far granted 1,500 licences. Licensing for Vehicle Immobilisers
came into effect across England and Wales on 3rd May 2005 and
applies to both in-house and contract staff.
What this means is that: if your car is clamped,
immobilised, or towed away from private
ground, not a public road…and you are charged a release
fee, then the person carrying out the clamping, or contractor,
must by law have a SIA Licence and to wear their licence when
carrying out this role.
To carry out this work without a licence,
is a criminal offence, punishable
on conviction by a fine of up to £5,000
or 6 months imprisonment or both. In addition, there is
a verysevere penalty on the owner
of the business that employed the individual also.
Any licence holder who collects a release
fee must provide a receipt,
which must by law include the following:
• the location where the vehicle was clamped or towed.
• their own name and signature.
• their licence number.
• the date.
From many enquiries that we have received from the public, the
immobiliser has claimed an exemption
from licensing. However, upon checking this further we have proved
that this was not the case and that
the immobiliser was clamping illegally.
If this situation does arise, it is worth noting that an exemption
is applicable only where the employer,
or company he works for, has been granted Approved
Contractor Status by the SIA. To have this, the company that employs
the individual, must have 80% of its
staff already licensed and applications
in the system and pending for the remaining
staff who will be exempt only whilst
their application is processed.
In this particular situation, our advice would be to contact SIA
without delay to confirm whether or
not; the individual is exempt.
If the person clamping your vehicle does not
hold the required licence, you can report the individual
to the SIA using the complaint procedure on their website at www.the-sia-org.uk
Please note in the event that you wish to formally complain to
the SIA they will not reveal to you
the results of their findings or whether or not they have prosecuted
the individual. They can only deal with the matter of the individuals
licence. They also cannot deal with
the following:
• Lack of signs warning about parking.
• Amount of the fees that you have been charged.
• The manner in which the vehicle was clamped, as this must
be taken up with the company or land
owner that instructed them.
If you have concerns about a wheel clamping firm you may also
report them to Trading Standards and you may have a case in civil
law.
For full details on the SIA ruling for Vehicle Immobilisers,
please read the following.
http://www.the-sia.org.uk/NR/rdonlyres/
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