Wheel Clamping: Is it Legal?

Wheelclampers have, perhaps, replaced traffic wardens as the group of people most likely to incite the fury of motorists but, for property owners, the implementation of wheel clamping schemes has become a necessary and effective tool in trying to prohibit illegal parking in private car parks, open spaces and so on.

The law relating to wheel clamping is relatively well settled; it is legal provided that adequate notice of the threat to wheel clamp is given, the release fee is reasonable, the vehicle is released promptly and it is possible to contact the clampers.

However, the Government has now acted to seek to regulate the industry and when the Private Security Industry Act 2001 comes into force (possibly in the New Year), it will be necessary for wheel clamping companies to be licensed. “Unlicensed wheel clamping” will be a criminal offence. Further, where an occupier of land gives permission for an unlicensed operator to clamp vehicles on its land, then the occupier will also be committing an offence.

The message is clear: wheel clamping can still be an effective tool to prevent unauthorised parking but the land owner must take steps to ensure that the proposed clampers are acting lawfully or else face the consequences.
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