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Inside Out - West Midlands: Friday January 19, 2007
Clamping sign
Clamping - an expensive business for motorists

Clampers

Finding somewhere to park in a busy town centre isn't always easy.

It's little wonder that some drivers are tempted to park illegally on private land.

But as many soon discover, it can cost them dearly.

The job of policing private land is in the hands of clamping firms.

But there's little regulation over what they can and can't do, nor how much they charge.

Motorists accuse them of extortionate fees, and cowboy practices.

But are they just doing their job?

Tougher action needed?

Inside Out has secretly filmed a clamping firm in action to find out what really goes on behind the scenes.

Our secret filming shows a clamping firm towing away car after car in Cheltenham, and charging drivers hundreds of pounds to get them back.

Our Inside Out car was spotted eight minutes after an actress parked it illegally in Baynham Way in Cheltenham.

Car being towed away
Clamping can cost a driver £300 in fees

Ninety seconds later the Midlands Parking Contracts (MPC) clamping team was preparing to winch it onto a tow truck.

Our actress immediately returned to the car and was told to pay the £295 'towing fee' in cash - even though the car had not yet been towed away.

She told the firm that she couldn't raise that much cash but offered to pay by card.

The company told her it doesn't accept cards, and the car was towed away.

Two days later we handed over £375 in cash (£295 plus £80 for two days storage) at a meeting in a motorway service station car park, before being allowed to see our car.

After handing over the money the car was dropped off a few minutes later.

None of the above is illegal.

We asked Clive Rudd, Contracts Manager for Midland Parking Contracts why our car in Cheltenham was towed away within minutes, rather than clamped:

"Clamping alone doesn't solve the problem for the landowner. They need that space for the customers coming into the snooker club. We make less money from towing away than we do from clamping, because there's more people involved in it."

Illegal parking

Yvonne Randall left her car parked illegally for three minutes.

When she returned it was being lifted on to the tow truck and she was charged £295 for it to be released.

Her partner Richard Hatton says, "The charge or the fine has to be commensurate with the offence or crime which has been committed.

Clive Rudd
Clive Rudd responded to drivers' criticisms

"For three minutes parking £295 is excessive. It's like being mugged without the violence. It's simple extortion."

Inside Out spoke to 13 motorists who complained about clamping firm Midlands Parking Contracts.

The motorists were clamped or towed away in Leamington Spa, Cheltenham, Bromsgrove, Kidderminster and Worcester.

We asked Clive Rudd, Contracts Manager for Midland Parking Contracts if this is just a this licence to print money?

"We do make a profit, otherwise we wouldn't be in business. But it's not a licence to print money," he said.

In response to the lack of card facilities, he said:

"We've had the facilities in the van, and it just has not worked. The computers go down, and it's just crazy."

But clamping has some supporters in the community.

Richard Scott, pub landlord at Ye Olde Black Cross in Bromsgrove hired MPC after problems with shoppers using his car park.

"It's very useful for people to be able to just abandon their vehicle and go shopping around the town," he says.

"While they're not using my business they're no use to me.

"I do feel for some of the people who've been clamped, but they've just ignored the some 11 signs around the car park."

Trading standards

Birmingham Trading Standards is attempting to crack down on the behaviour of clamping firms operating in Birmingham.

Chris Neville
Tougher legislation needed says Trading Standards' Chris Neville

It has begun to patrol clamping hotspots, challenging clamping firms on any points of law which they can.

It's also putting up larger signs warning motorists more clearly that clamping could take place.

Chris Neville, one of its Trading Standards Officer, says:

"We've had for a number of years now complaints about wheel-clampers.

"But it's definitely on the up - it's getting more and more. And I think the tactics they're using are getting more and more audacious.

"They're clamping in circumstances where they might not have clamped before, and the amounts of money they're charging are just getting higher and higher.

"What we really need is legislation to say for certain what clampers must do, and what the public can expect from them."

Messy situation

The motoring group RAC claims that the current law is a mess and requires a review.

Sheila Rainger from the RAC Foundation says:

"We're very concerned that the industry is very poorly regulated.

"There are no legally enforceable rules about how clear the signs have to be, how large the fees can be, or when the tow-truck ought to be called out.

"Worst of all there is no independent body to which you can appeal. We find that unscrupulous firms abuse this and use it as a licence to print money."

As a result the RAC has set up its own clamping award designed to highlight cowboy operators.

But it remains to be seen whether further regulation will be forthcoming at a national level to control cowboy clampers in our towns and cities.

Dick Turpin Award

To nominate a clamper for the RAC Foundation's Dick Turpin clamping award - email [email protected]

Have your say...

We want your views on cowboy clamping - email comments to [email protected]

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Readers' Comments

I had an horrific experience… on Tuesday. I parked in… a pub car park... I parked there before and I honestly didn't notice the signs. There was available on road parking in the street so I wouldn't have wittingly parked there had I known I could be clamped. However I admit that I should have been more vigilant.

When I returned to my car, I had been clamped. At first it didn't occur to me what had happened as I thought the notice on my car was a flyer. I was approached by a man who told me I needed to pay £125 to be released. It was raining and cold I explained politely that I didn't have that money on me, that I was undergoing chemotherapy and that if I remained in the cold and wet I was vulnerable.

To cut a long story short I was clearly unwell and explained how important it was for me to get home. The man could see I was unwell and distressed. His only concern was the payment. He wasn't at all helpful or sensitive to my needs. He told me to phone the number on the ticket displayed on my car to ask if I could be unclamped.

This is all in the pouring rain. I phoned and explained that I needed to get home. My distress must have been evident to the woman I spoke to. She told me I had to ask the man as she couldn't help. I returned to his van where there was another man in the driving seat. He was extremely judgemental and told me that I shouldn't be driving if I was seriously ill.

He refused at that time to give me his name stating that it was on the receipt I would receive on payment of £125 I told him that I was fit to drive but given the way he was acting towards me I would ask the police to come and confirm this. I also told him he was a bully. I contacted the police and advised them of my predicament. I asked that it be logged as an incident. I returned to the van where the men were sitting I explained that I'd had the incident re his allegation that I was unfit to drive and their responses to me recorded.

I asked if they'd accept a bank card .They said no and I needed to get to the bank. By this time I was wet and shivering but much more composed. I said I'd get the money - on my return my car was blocked in by their van whilst they were clamping someone else and even though I asked them to deal with me quickly. I had to wait till they'd completed their task.

I then asked the person who was wearing the id tag to come to my car as I wanted to take his details. He said they were on the receipt. I replied that given he'd already denied things he'd said to me, I wanted to be sure that the info was accurate.

Therefore I'd take the details for myself. I also told him I couldn't read his signature and asked for his name This time he gave it to me His parting shot in a very nice way was to say if I was going to appeal I should not send the original receipt but a copy . I told him that he needed to ask his boss for training as he had no people skills. I told his oppo that he had been well mannered.

Given the rollercoaster that I'm on at the moment I decided to put the experience behind me as I don't need further stress at this time. My husband is going to write to the local council and the pub landlord . Since the incident I have been quite unwell. However,, I would not wish to attribute this entirely to the incident as given that I'm receiving chemotherapy, I may well have been unwell I do believe though that the whole experience has been a contributory factor to the fact that I've been unwell for the last couple of days…
Anonymous

I was watching your programme earlier… a firm conned me by keeping my car over night and leaving me stranded in the middle of the night with no means to get home from Solihull to Coventry. Even with the police explaining the situation, they then proceed to keep my car overnight which is an additional charge of over £30 which was another way extorting more money. They were very abusive over the phone and in the end put the phone down on me.

The fact of me being a lady on own in the middle of Solihull meant nothing to them, the sign was not visible and the police agreed on this. I was told I could collect the car from Birmingham city centre but eventually had to pick up my car from a service station on the M42 in the opposite direction.

It was not just the cost of the fine but all the other problems it causes, this needs to be thoroughly investigated.
Ms M C Walker

I recently paid £129 to release my car from a car park in Stafford, where I thought that I had been given permission to park…

I was horrified when I found the car clamped on my return and my thoughts on the process that happened after this was:

1. The attitude of the person who took my call was one of 'it's your fault & now you have to pay for the consequences' I was quite upset, but there was no recognition of this.

2. I wanted to appeal to the people who owned the land that I was parked on & put forward my case, but (the company) would not give me access to this info. Whilst on one hand, I can understand this (I think), on the other hand I can see no real reason why this info is not available. I have since, tried to find this info out myself.

3. When the person arrived to release the clamp, he did explain that there was an appeals procedure, which I decided to follow up on.

4. I rang (the company concerned), and the same lady as in Point 1, explained that I would have to formally write in to request an Appeals form (they don't seem to have email??). I duly did this, and the next thing that happened was that I had a letter from a Director of the company saying that he understood that I wanted to appeal, put forward his view and then said that he hoped this would be put the whole thing to bed. What sort of Appeals procedure is this??

So, I'm really cross with the whole crappy process which as far as I'm concerned is unprofessional and gave me the feeling that I was been ripped off.

As a consequence, I wrote back to the Director outlining my side of the situation, and am waiting for a reply. I don't intend to leave things go that easily, especially due to the reason I parked in the space in the first place. If there was some regulation, at least I would know the process that these companies would have to go through.

I would like to know what support/backing there is in a situation like this and perhaps you could advise me?
Caroline Jones

I was of a victim of (a clamping firm) a few moths ago. I parked on what appeared to be a piece of waste ground… I thought my car had been stolen but it turned out it had been towed away. There was a very small sign with a phone number which was easy to miss in the dark.

I had to meet the tow truck at a service station on the M42 the next day to recover the car and pay £295 in cash to two very dodgy looking men who refused to make eye contact or let us look at the car before we paid.I found the whole experience extremely distressing and frightening.

I was lucky to have someone who could take me to the service station which was at least 25 minutes drive… and not accessible by public transport. I felt quite traumatised as if I had been robbed and it took me several weeks to get over the experience. I have avoided going into Worcester since that time.

I am shocked that this company is allowed to act in this manner. I appreciate that I should not have parked in that place but do not believe that cars should be towed away.

At least if it had been clamped I would have been able to get home safely. It is my opinion that they tow the cars quickly so that they can catch more unsuspecting victims.

I would like to know who is granting these people what is basically a licence to steal money and why there are no strict rules and regulations to protect the public from these unscrupulous companies.

I was very glad to see your programme, although it upset me to watch it, and hope that it will spare others from going through this horrible experience.
Mrs J Menhinick

I had my car clamped in (Birmingham) on the evening of 14th December. I had gone for a meal with work colleagues…

Thankfully, someone leaving the restaurant alerted me to the fact before my car was towed away, so I was able to apprehend the clamper but had to pay £94 to have the clamp removed.

The clamper agreed with me that the sign by where I had parked was difficult to read being covered up by tree branches and he advised me to write to the clamping company to reclaim my fine.

I wrote a courteous letter explaining my case but in the last few days have received my letter back with a scribbled reply on the top: 'Having visited the site, I regret we are unable to offer you a refund' and an unrecognisable signature.

Where I parked was a totally desolate part of (Birmingham) and interestingly, the manager of the restaurant was also clamped!

I intend to contact Trading Standards to see whether this company can be traced.

Thank you for the coverage on Inside Out - it opens a whole can of worms and I hope you will pursue the evil of car clamping which is simply a law unto itself and needs legislation to protect the unsuspecting public.
Malcolm, Birmingham

I experienced a similar problem on Saturday 13th January - I was charged £94 for parking at a hairdressers salon at 7pm when it was closed.

I was collecting a Chinese take away!

I was furious! I paid it without questioning - but think it is immoral.
Andrew Lomas

I have just watched your programme regarding the above and would like to applaud you for bringing this to everyone's attention as this very same instance happened to myself 1 week ago today when I parked on a pub car park… for 5 minutes whilst I popped to a cash point.

I do understand that business proprietors become angry when non-customers use their car park, however the prices being charged and the manner that these 'companies' adopt is totally unfair and should be regulated in some way.

If there is clear, adequate signage individuals such as myself would notice this and would avoid parking in these places. In this instance, the small signage was displayed approximately 10 feet up against the side of the pub wall.

The fact that I had to pay £125 to two intimidating, rude men who produced no identification was daylight robbery for 5 minutes of parking. What I found so terrible was the underhand way they had executed their 'sting'; they had seen me park my car, waited until my back was turned and when I returned after 5 minutes my car had been clamped.

After my car was released I demanded a receipt. To my disgust the receipt had no VAT Reg no displayed and no landline telephone number; their address was a managed office in Birmingham with the only contact number being a mobile - almost untraceable.

I could afford to pay this demand however, I sympathise whole heartedly for pensioners/young drivers and folk who are less fortunate than myself as £125 is an awful lot of money, some people don't even earn this in a week.

After watching your programme I now consider myself to be one of the lucky ones and I would like to add my name to the long list of sufferers in pleading to the authorities to regulate this 'extortionate' business.

I simply cannot accept that an independent company can charge whatever they please for non-permit parking on private property. If I had been caught speeding or using a mobile the fine would be no more than £60 and this would be a law breaking offence considered dangerous.

Parking without a permit in the majority of cases is not dangerous, how can these fines be justified at over 200% more expensive? This is simply unfair. If this 'business' is regulated and the fines reduced in line with 'on the spot fines' you never know we may all see the end of private wheel clampers!

My answer in response to your question this evening was in total agreement that 'Yes, private car clampers are getting away with daylight robbery'.
Karen Davies

Below is a brief description of an incident last week.

I left my car parked in a Birmingham pub car park at 8:00 pm for 1½ hours, during which time I was a customer of the pub. When I returned to the car park my vehicle had vanished. I was on the phone to the Police to report it stolen before deciding to try the number on a sign in the shadows at the back of the car park. I also noticed that there was no longer a "Patrons Only" sign at the open entrance to the car park which I had routinely used over the last couple of years.

I began to fear the worst. A lady answering the phone number on the sign told me to ring a second number. The man answering the second number told me that he had my car but I couldn't have it back until the following day. The following morning I was told I would have to wait, at first until 9:30, and then until 10:00. I was told to recover the car from an address in Birmingham, and that I was to bring £380 in cash only. I had to visit 2 banks to acquire sufficient cash because of the ATM limit.

When I arrived at the address in Birmingham I was met by 4 heavy youths dressed to intimidate operating out of a white van in a car park. I questioned the breakdown of the large fee and was told £125 for Clamping, £175 for towing, and 2 days storage @ £40/day. I pointed out that they had had my car for 12 hours only one lad said that the 2 days were yesterday and today. This amused the others and I was told quite simply that if I didn't pay I didn't get my car back.

My question to you is, "What should I do now?".

The Police, despite the impression given on your programme, would not enter into any conversation whatsoever regarding this matter saying that no crime had been committed and that it was a civil matter. Trading Standards were very sympathetic and entered a report telling me that it was a growing problem but that they could not help me anymore than that even though I had documentary evidence in the form of a written receipt with altered dates and a signature (which took some getting!). CLS.org told me there was nothing I could do because it was an unregulated industry and a Solicitor told me he would take the pub landlord to Small Claims Court but it would cost up to £1000 with no guarantee that I would win and would not get costs back if I did.

This was a cynical act of robbery or car kidnap for ransom by a company... I had no idea that I was doing anything wrong by parking my car in a pub car park.

Apparently the property owner changed the rules on who he wanted to park there without telling anyone. I do not appear to have any rights or protection regarding this situation. It could happen to me again tomorrow and I wouldn't see it coming.

Can I get my money back or do I just take it on the chin and hope that it doesn't happen again?
Ian Davies

When I was clamped in Worcester I took the clamping firm to the small claims court as I believed the clamping was done in error…

Clamping firms are bullies and yes it is virtually a licence to print money.
Mr P O'Rourke

FEEL WE HAVE A NEED FOR CLAMPERS. NOT TO BE ABLE TO PARK YOUR OWN VEHICLE IN YOUR OWN CAR PARKING SPACE IS VERY ANNOYING.

THERE ARE SOME VERY INCONSIDERATE MOTORISTS AROUND, WHO THINK THEY CAN PARK WHERE THEY WANT TO WITHOUT ANY CONSIDERATION FOR THE PERSON WHO'S SPACE IT IS.

WELL DONE M.P.C. KEEP UP THE GOOD WORK. IF PEOPLE CHOOSE TO IGNORE SIGNS AND KEEP THESE COMPANIES IN BUSINESS WELL THEY DESERVE TO BE CLAMPED OR TOWED! I WANT MY PARKING SPACE FREE FOR ME TO PARK IN!
Barbara

My nephew was a victim... (the firm) towed his vehicle from the car parking space he rented outside his own home… whilst he was at work because the residents' pass was said not to be clearly visible.

By the time he got home it was too late to collect the car and pay £295 so a further overnight charge was made of £30. I accompanied him to a service station with the required 'cash only' payment. When we complained about the intimidating behaviour of the staff two 'heavy guys' arrived and unceremoniously dumped our car on the tarmac and headed off with haste.

We realised that they had damaged the passenger car door before they went. Telephone calls… were met with abusive response. We are still awaiting a reply to our letter of complaint some 6 months on. Legislation is urgently needed to stop this sharp practice - even the Police felt powerless to help us.
Tina

My mother and stepfather both 68 years of age visited Cornwall in the summer and in general had a lovely time. Unfortunately their holiday was tainted by the fact that when they parked… their car was clamped. They paid for a ticket for 1 hour and returned to the car under the hour, however it was clamped (we have the proof).

When they phoned the clamping company… the man turned up and demanded a total of £72 to unclamp them. He said the ticket was not displayed properly even though they could see it!!

He was a large man with tattoos and to be quite honest he frightened them and they paid.

It is such a pity that their holiday was partly spoilt by this awful company.
Steve

Clamped and then robbed - I've just returned (last Thursday) from a highway robbery. I went to visit… one of a parade of shops - where the lay-by outside was already double parked. Seeing a parallel road feeding some council houses just off the main road, I parked there. There were no 'No Parking' signs so I thought it was ok. On leaving the shop, less than a half hour later, I found my car clamped.

The young man who had clamped the car was just leaving. He told me I had to pay £352.50! £150+VAT for a parking fine and £150+VAT for 'the tow-truck cancellation fee'!

I looked around for signs that informed me that I could not park. He just continued saying I could pay by cash or credit card but there was a 2.8% surcharge if I paid by credit card. I was stuck between a rock and a hard place. There were no 'No Parking'" signs.

When I asked, the man pointed to some white signs with miniscule lettering next to a sign which read 'NO BALL GAMES'. Approaching the white sign, one could see that it said 'Private Property'. It didn't say 'No Parking'.

Even when I physically stepped onto what must have been the private property as there was a fence I assume denoting this. It was only once I was within a few feet of the sign - staring up at people's bedroom windows - could I actually read the sign.

If the large lettering on their signs read 'No Parking', I don't suppose (the company) would make so much profit. The company appears more interested in making money than actually stopping people parking on their clients land.

How can a company charge £150 cancellation charge? The tow truck had apparently been ordered and was "on its way". The car had only just been clamped, the ink was still wet on the Warning Note that had been left on my windscreen.

I telephoned the number on the Warning Note and they cancelled the tow-truck. It took all of two minutes. How can a company justify charging £150 for something that takes less than a two-minute phone call?
Julie V. Hyland



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