Motorist given right to claim compensation from rogue clampers

By Elliot Wright, 29th January 2010

Motorists will soon be able to claim compensation from rogue wheel-clampers following a successful campaign by the Daily Mail.

At the moment, drivers can find themselves clamped, towed and fined hundreds of pounds for relatively innocuous infringements where clampers take advantage of hidden signs or complex restrictions.

Fines often hit £500 and motorists have no right to appeal, making them an easy target for the £1bn-a-year industry.

But in response to the Daily Mail's Curb the Cowboy Clampers campaign, the Government has proposed legislation to regulate clampers and give motorists more protection.

Under new laws, drivers will have the right to an independent appeal by tribunal if they are clamped on private land.

The tribunal will have the power to order clamping firms to repay in full unfair fines and towing charges as well as reimburse the motorist for other costs incurred such as taxi fares or the cost of a hire car while their vehicle is impounded.

There is no limit to the amount of compensation that can be paid. Any firm that refuses to offer compensation will lose its license and effectively be put out of business.

Tribunals will have the power to order clamping firms to repay in full unfair fines and towing charges

The proposals will also see a cap on the amount that firms can fine motorists. The maximum fines for having a clamp removed will be set at £40 outside London, and £70 inside the capital.

While the maximum charge for recovering a towed vehicle will be fixed at around £105 outside London, or £200 within.

Additionally, motorists will now have a legal right to pay their fines by credit or debit card, whereas before many were marched to cash machines by firms to withdraw the funds to pay there and then.

Any clampers found breaching the code will get three warnings before their licence is revoked, and could face up to five years in jail and fines of up to £5,000.

Commenting on the new proposals, Home Office Minister Alan Campbell said: "The Government is committed to preventing abuses by unscrupulous wheel-clamping firms.

"The introduction of an independent appeals process will for the first time provide independent recourse for motorists who feel aggrieved by unfair practices of rogue clamping businesses.

"The process will form part of the Government's compulsory licensing scheme, which will further regulate-the industry and provide a fair system for motorists."

Useful links:

How to appeal against parking fines

Claims Financial