Does the clamping company
or bailiff require an SIA Licence
to immobilise or clamp my car?
Under the Private Security Industry Act 2001, all vehicle
immobilisers must by law hold a Vehicle Immobiliser Licence
granted by The Security Industry Authority (SIA). This Act, which
came into effect across England & Wales in May 2005 was set
up to protect the public from abuses from unscrupulous owners
of private land.
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 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.
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. A picture of the licence is shown above.
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 very severe 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.
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. Their complaints
department 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. 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, visit their website at: www.the-sia.org.uk
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