VEHICLE IMMOBILISATION

1
VEHICLE IMMOBILISATION
Commonly known as wheelclamping, vehicle
immobilisation is sometimes seen as a
controversial method of parking enforcement.
There are situations however when - coupled with
vehicle removal (towing away) - it is the most
effective method. This information sheet will
explain the role of vehicle immobilisation and
the operators that carry out the operation.
Is vehicle immobilisation legal? Yes, it is legal
under the laws of England and Wales, but not
Scotland. Why might a vehicle be
immobilised? If a vehicle is parked on private
land where it is not authorised to park, or is
not parked in accordance with the Terms and
Conditions relating to the use of the land, that
vehicle may be immobilised, relocated within the
car park or possibly removed. Permissible reasons
for the removal of vehicles include parking in
reserved residential parking bays or emergency
services access points or parking a vehicle in
such a way as to cause a serious obstruction that
is likely to cause danger. How is vehicle
immobilisation regulated? The vehicle
immobilisation and removals industry is regulated
by the Security Industry Authority (SIA) through
the Security Industry Act 2001. This Act
regulates the functions of vehicle immobilisation
and removal of vehicles on private land and in
private car parks accessible to the public by
requiring those operators involved to apply for a
licence.
It is a criminal offence to work in vehicle
immobilisation or removal without a valid SIA
licence. Members of the BPA who are involved in
off-street vehicle immobilisation are also
required to join the Associations Approved
Operator Scheme, to ensure that their operation
achieves the highest possible standards. I am a
Blue Badge holder surely my vehicle will not
be clamped? The legislation for immobilisation of
a vehicle belonging to a registered disabled
person is unclear at the moment for parking on
private land. However a landowner may instruct
their agents (the operator) to immobilise a
vehicle displaying a blue badge if they are
parked without authorisation on private land.
2
A vehicle displaying a blue badge will only be
removed however if there are reasonable grounds
to believe that the badge is being used to obtain
a lawful concession to which that driver is not
entitled. The BPA recommends that each contractor
develops a policy with the landowner that deals
with these issues in a sensitive way, giving due
regard to a persons disability. I have a
complaint about a wheelclamper what can I do
? You must go through the Appeals Process as set
down by the operator on the signage in that car
park. As a membership organisation, the BPA does
not become involved in individual enforcement
cases. However the Association does take a
particular interest in promoting best practice in
the parking industry and are concerned when our
attention is drawn to incidents which may not
reflect this.
At the present time, all complaints received by
the BPA against its members are logged. If there
is a breach of our Code of Practice, the
complaint is passed to them for review, comment
and further action where appropriate. Any action
taken by the BPA against a member is based on
facts relating to our Code of
Professional Conduct and our Code of Practice
(available on our website below).  If there is a
case to answer then a full investigation and
appropriate action will be taken which may in
extreme cases result in suspension or termination
of BPA Membership. What if they arent members
of BPA? If the operator is not a member of the
Association, then our influence is more limited.
The Association will contact the operator and
point out any activities that are in breach of
the Code of Practice, and recommend that the
operator joins the Association. In any event,
all complaints received are logged and copied to
the SIA, and we would recommend that you copy any
correspondence to them also.

The British Parking Association. Stuart House,
41-43 Perrymount Road, Haywards Heath, West
Sussex RH16 3BN Tel [phone] Fax
44 (0) 1444 454105 info_at_britishparking.co.uk
www.britishparking.co.uk