Does the bailiff need an SIA Licence to clamp
my car?
There has been a great deal of confusion concerning the right
of bailiffs to clamp a vehicle on “private ground”,
and whether he needs a Security Industry Authority (SIA) Licence
or not. There is clear Statutory Legislation that states that
an SIA Licence is required by anyone, including of course bailiffs,
when “clamping a vehicle and charging a release fee”
on private ground (a licence is not required if the vehicle has
been clamped on a public road).
However the Government made changes to the licence requirement
on 11th July 2006.The changes are that:
• Contactors used by the courts that clamp, or immobilise
a vehicle in pursuit of outstanding fines
are removed from the requirement to
be licensed under the Security Industry Authority.
• Those whose responsibility it is to remove a wheel clamp
(having not originally attached it), unblock or return a vehicle,
or charge for any of those activities fall within the requirement
to be licensed under the Private Security Industry Act (PSIA)
2001.
It would appear therefore that the bailiff does
not need an SIA licence if he is pursuing an unpaid fine.
We have an entire section on SIA Licences in our Parking Section.
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