The latest news from Be Smart

Compulsory Licensing Scheme Unveiled to Curb Rogue Wheel Clampers

January 31st 2010

A tough new compulsory licensing scheme designed to rid England, Wales and Northern Ireland of rogue wheel clampers, has been set out today in the Crime and Security Bill.

Proposals within the bill will make it mandatory for all wheel clamping businesses to be licensed under the terms of a strict code of conduct. The code will include a cap on fines, time limits on towing cars unreasonably quickly after being clamped and set out clear instructions for putting up signs warning drivers that clamping takes place.

Ministers are also looking to introduce an independent appeals process for motorists who feel unfairly penalised by firms and their employees.

Any company which breaches the terms of their licence could lose their right to practise and face up to five years in prison or a substantial fine Statement from the Home Office Minister

Alan Campbell said, ‘The Crime and Security Bill reflects the government’s commitment to prevent abuses by unscrupulous firms and their employees.

‘There is no room within the wheel clamping industry for those who indulge in unacceptable behaviour including unclear signage and excessive fees.

‘A compulsory licensing scheme for operators will leave clamping firms in no doubt as to their responsibility to the public and anyone breaching the strict code of practice risks losing their licence.

‘Firms will have to ensure signage is clear, fines are proportionate and towing practices are regulated. We are also working to introduce an independent appeals process for motorists who feel they have been unfairly treated.’

Statement from the Transport Minister

Sadiq Khan said, ‘These tough new proposals are part of a series of measures the government is putting in place to tackle the scourge of rogue parking firms who harass and intimidate motorists.

‘We have already taken action to restrict access for parking firms wanting driver information and by bringing in these new requirements for clamping firms we are sending a clear message to unscrupulous firms that they need to clean up their act if they want to stay in business.’

Legislation

The new legislation has been drawn up following discussions with motoring groups, industry representatives and a 12-week public consultation during the summer.

Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors holding a non-frontline licence.

The new compulsory licensing scheme will extend responsibility from individuals to businesses. It will be administered and controlled by the Security Industry Authority.

For vehicle immobiliser training please go to our website for available dates.

JOB VACANCY – Vehicle Immobiliser

January 28th 2010

Aspire Parking Solutions has a vacancy for a vehicle immobiliser.  Preferably SIA licenced and with experience, but will consider if your licence is being processed.   They may also consider providing training for the right candidate.

If you would like to apply please do so by email to Anthony Charles at aspireparkingsolutions@yahoo.co.uk.  If you have no access to email then you can call on 0208 854 7229.

beSmart Training is solely a training company and does not recommend or endorse any company who provides parking and/or immobilisation services.  beSmart Training has no control over services/employment provided by other companys.

NSL Makes Legal History with Scottish Courts Operation

January 13th 2010

NSL has helped create legal history in Scotland by clamping three drivers over unpaid fines.

The action took place in Glasgow over Christmas.  Wheel clamping is very rare in Scotland because under Scottish law it is generally illegal for private clampers to immobilise vehicles.

NSL’s operation for the Scottish Courts Service operates under separate legislation, which means clamping cars to encourage motorists to pay unpaid fines is allowed if ordered by the Service.  The powers have only just been adopted as part of a campaign by the Scottish Courts Services to reduce the level of unpaid fines.

Eric McQueen, Director, Field Services, Scottish Court Service said “We introduced new tracing facilities which make it easier for us to identify defaulters and deduct outstanding fines from their benefits,wages or bank accounts.  It also helps us identify if they are a car owner, in which case we have powers to seize and sell the vehicle.

“We have issued warnings to car owners before and they normally pay up but there are some people who still believe they can get away with not paying their fines.  Fine dodgers have nowhere to hide; the Scottish Court service will use all the available sanctions to collect their fine including clamping and seizing their car.”

The three car owners are all Glasgow based but clamping orders have also been issued for car owning defaulters elsewhere in Scotland and these will also be enforced if non-payment continues.

Eric McQueen concluded “The owners of these cars have had ample warning of the consequence of non-payment of their fine. I hope this sends out a clear warning to others with outstanding fines.”  All of the owners of the clamped cars subsequently paid their fines plus the additional contractor’s expenses and their cars have now been released. Murray Sheppard, NSL’s area manager for Scotland, commented “In Scotland there are few agencies other than us who have the relevant expertise because clamping is not used widely – but it clearly has a role to play here and we are delighted to have started this operation successfully for the Scottish Courts Service.”

Cowboy Wheel Clampers to be rooted out and shut down, warns Transport Minister

October 22nd 2009

Ray Massey from the Mail Online reports today: Cowboy clamping companies that fleece motorists through ‘legalised mugging’ have failed to clean up their act and will now be rooted out, parking bosses will be told today by ministers and motoring champions.

Transport Minister Sadiq Khan will warn vehicle immobilisation firms to their face that the days of ‘disreputable operators’ ripping off motorists are over and that the Government intends to ‘root out the rogues, combat the cowboys, banish the bullies and put a stop to their wholly unacceptable activities for good’.

And AA president Edmund King will tell delegates to a special ’summit’ of the British Parking Association that they are in the ‘last chance saloon’ noting: ‘You have had your chance to clean up your act but have failed.

‘Self-regulation has failed.  We have reached the end of the road on reining in the antics of unscrupulous wheel clampers whose immoral excesses are reported to us almost daily.’

The broadside comes in the wake of  a notable victory for the Daily Mail after ministers  pledged to back a four-point  initiative by this newspaper to crack down on the unregulated cowboys  whose antics in England and Wales have been condemned as ‘legalised mugging.’

In Scotland clamping on private land is outlawed as ‘extortion and theft’.

The AA Mr King will tell delegates that the problem is not just a few isolated one-man band clampers, but that ’several of the established’ companies who are themselves members of the 650-strong British Parking Association are also failing to abide by their own code of practice.

He says a 64 per cent rise in clamping over the last 12 month is down in part to the fact that  many are trying to ‘cash in’ now before tougher regulation drives them out of business: ‘The dramatic increase in clamping is due to the fact that the cowboys know they are drinking in the last chance saloon and are trying to cash in before regulation drives them out of town.’

Attacking the ‘bully boy’  tactics of unregulated clampers imposing unfair and ‘draconian’ punishments,  Mr King says parking firms and clampers have wasted a chance to clean up their act – because many have refused to do so.

Mr King will tell the London conference of the  British Parking Association  which represents 650 members: ‘You have had your chance to clean up your act but have failed. It is not just the one-man band clampers that are out of order but several of the established companies. Self-regulation has failed. ‘

The AA has told the Home Office that their proposed new regulations on clamping  will fail without an independent regulator and independent appeals process.

The AA highlights has compiled from complaints a catalogue of ‘cowboy’ clamper tactics including:

* Parking decoy cars to ‘encourage’ people to park
* Hiding signs by parking the clamp van in front of them
* Making up and adding extra charges such as ‘tow truck called’ fee, swear box fee, ‘police called nuisance fee’
* Clamping drivers still in the vehicle who have pulled over to check a map or make a phone call
* Deliberately targeting ‘vulnerable’ motorists

Motorists deserved a fair and proportionate response to minor breaches of rules ‘rather than extortion, threats and profiteering,’ he says.

Penalties and appeals for off-street parking should be similar to those for on-street infringements and demanded an independent appeal against a clamp, removal or ticket.

Mr King noted: ‘We have reached the end of the road on reining in the antics of unscrupulous wheel clampers whose immoral excesses are reported to us almost daily.  Licensing has not worked as, in many cases, it has simply legalised the cowboys.’

He cites charging pensioners £370 to recover their car after a minor parking error or leaving an 18-year-old female alone overnight in a city because her car was taken and not given back until the next day.

Mr King will tell  parking delegate that ‘toothless’  licensing of the industry in 2005 became a ‘licence to print money’ for many.

‘Some ever resourceful rogue clampers often tacked on spurious charges, even having the audacity to impose extra ones for calling the police or swearing.’

Clampers routinely charge a clamping release fee and removal charge taking the cost to  more than £500  – even if a tow away never takes place.

If the Government’s planned crackdown does not work then clamping on private land should be outlawed as it was in Scotland in 1992.

Mr King highlighted a report by insurer LV which said the number of motorists who have been wheelclamped has risen by 64 per cent in the last 12 months with private clamping firms taking £58million.

In response to  the scale of the scandal unveiled by a Daily Mail investigation last month, Home Office Alan Campbell, responsible for drawing up new legislation to crackdown on abuses, agreed to act on the Mail’s four-point action plan to:

* limit the size of penalties dished out by firms
* regulate towing practices
* put in place an effective and fair appeals process

He is currently thrashing out with civil servants the means of making such an appeal system fully independent.

Ministers are also investigating ways to curb the incentives given to clamping firms by land owners, which has seen clampers offering to work for free for  landowners- paying them a £50-per-car bounty for each one clamped.

But Transport Minister Sadiq Khan has already said that the Government’s aim would be to make the appeals system ‘independent’.

Home Office Minister Alan Campbell said: “We are currently looking to introduce a compulsory licensing scheme for all wheelclamping businesses.

‘We need to limit the size of penalties dished out by firms, regulate towing practices and put in place an effective and fair appeals process. Alongside this, we will also look at the issue of incentives given to clamping firms by land-owners.’

The Home Office is to publish of draft legislation in the Policing, Crime and Private Security Bill in the Queen’s Speech on November 18.

Even the British Parking Association said it recognised weaknesses in the current regime.

A spokesman said: ‘The British Parking Association, which has an Code of Practice for its members, has been calling for and would welcome legislation that improves standards and fairness within the parking industry, and in particular that calls time on the cowboys.’

Chief executive Patrick Troy added: ‘We are confident that the majority of people around the table have the same aim as us – to ensure parking is regulated in a fair and transparent way.

‘This is the reason why the British Parking Association called the summit – with all attending looking forward and working together to generate ideas and find solutions to make parking fairer for all.’

Training and licensing for individuals who actually do the clamping has been a legal requirement for several years.  beSmart Training regularly runs courses for individuals who wish to get a Security Industry Authority License for vehicle immobilisation.  The licence allows individuals to clamp, immobilise, block or tow vehicles who contravene parking regulations on private land.   Please go to our website for more information.

NEW SIA Training Structure

October 12th 2009

As promised the SIA have now announced the new training criteria that will be introduced for licensing next year.

The new modular qualification structure:

Licence Core Module Specialist Module Conflict Management Escorting & Disengagement
Door Supervision Core Specialist Door Supervision Yes Yes
Security Core Specialist Security Yes
Close Protection Specialist Close Protection Yes
Public Space Surveillance (CCTV) Core Specialist Public Space Surveillance CCTV
Cash and Valuables in Transit Core Specialist Cash and Valuables in Transit
Vehicle Immobiliser Core Specialist Vehicle Immobiliser Yes

A full certificate for the relevant sector is still required. The new modular format means those undergoing the training (for most sectors) will take common units – core security, and conflict management – followed by a specific unit for each security sector.

A licensed operative who has already passed the two common units will therefore only need to sit the relevant additional specialist unit if they wish to gain a licence for another sector.

The qualifications are taken by applicants for front line licences. Applicants for non-front line licences do not require a qualification because they do not carry out front line activities. Those applying for a Key Holding licence will not need to take a qualification.

As there is a different qualifications system in Scotland, the new regime will be introduced there later. The new door supervision qualification will be introduced from June 2010, and the other unitised qualifications from September 2010.

Several different types of organisation are involved in the creation and delivery of the licence-linked qualifications.

beSmart will be able to offer all sectors of the door supervisor course, security guarding course and vehicle immobiliser course.  For more information visit out website at www.besmart-training.co.uk

1st October Law Changes To First Aid Training

September 30th 2009

The laws regarding training for first aid at work change on Thursday (1st October 2009).

The Health and Safety Executive (HSE) have introduced the biggest change to The Health and Safety (First Aid) at Regulations laws since they were introduced in 1982.

The update could save UK businesses millions of pounds.

The biggest change is to the mandatory four day course, now reduced to three days, and the introduction the  Emergency First Aid at Work course, a new one day course option designed for small businesses .

The new guidelines were produced on the back of consultation with employers across the UK, who understood the need for first-aid training but found it difficult to release employees for the four days needed.

You can read more about the new First Aid legislation and employers legal duties on the HSE website.

 

 

Peter says…

 

This is an excellent change that will save businesses (especially small businesses) time and money without compromising on health and safety.

More importantly, this new guidance could even lead to safer workplaces, as it recommends that trained first aiders undertake a three hour refresher training session every year. 

The new three day FAW (First Aid at Work) training course will have less impact on businesses, but will still deliver the same key skills taught under the old system.

An excellent idea for ensuring those skills are retained.
beSmart Training offer both the three-day First Aid at Work course and the one-day Emergency First Aid at Work course. 

Click here for the latest course dates or call on 020 7237 6007 and speak to Sue.

What to do if you’ve been clamped

September 9th 2009

beSmart Training specialise in training people who wish to become Vehicle Immobilisers (or “wheel clampers”) and who require a Level 2 BTEC Award in Vehicle Immobilisation in order to apply for a Front Line Immoblisation Licence from the Security Industry Authority (SIA).

If you would like the dates of our next courses, please click here. We also offer a “One Stop Shop” option where we help our clients to fill in the necessary paperwork.

Once you have this particular SIA license, you can clamp, block or tow vehicles on private land. The key words being “private land”.  

There has been much bad press recently about wheel clamping, clampers and clamping companies. It is very easy to complain and kick-up about these organisations (our clients), but at the end of the day they do provide a very real and necessary service.

If you are one of those who complain about them, think on this….. what would you do if someone parks in your driveway? It is private property so the police won’t be interested… a civil matter.  What if they continue to park in your driveway day after day?  You would be pretty fed up, wouldn’t you?  Well, it is exactly the same for other peoples “private land”.

However, if you have recently fallen foul and truly feel that it was not your fault, the following tips may be useful for you.

  1. Do not try to cut the clamp off. 
    If you are caught cutting or damaging a wheel clamp you are committing a criminal offence (criminal damage) and the clamping company could prosecute you. If you decide it is worth the risk and do cut the clamp off, make sure you leave it behind.  If you remove the clamp you have also committed theft as well as criminal damage.
  2. Remember: you can’t hide
    Bear in mind the clamping company will have your vehicle details so if you do either of the above they will be able to trace the vehicle.  If they are a legitimate clamping company working within the rules, they will also have photographs of your vehicle committing the parking violation and they will have pictures of your vehicle before and after being clamped.
  3. Stay calm
    Please remember not to abuse the person who comes to declamp your vehicle.  This person wants to help you by removing the offending article – they may not be the person who affixed it.  If you verbally or physically abuse the person who has come to declamp your vehicle they may call the police.  They may also just leave without declamping the vehicle.   Some companies have recently introduced a policy to tow away the vehicles of abusive people as a matter of course.
  4. Ask to see their SIA Vehicle Immobiliser Licenses
    If you are clamped you should request to see the SIA vehicle immobiliser licence for ALL of the clampers who attend you and your vehicle for declamping.  You should make a note of the name and licence number and the expiry date and then check them on the SIA website at www.the-sia.org.uk.  This also applied to anyone who tries to remove your vehicle.  The vehicle immobiliser licence is valid for one year only so many clampers forget to put in their renewals and could therefore be working on an expired licence.  If this is found to be the case, you have grounds for getting your money back as the clamping is illegal.
  5. Check for clear signage
    If clamping warning signs are covered or unreadable you should take photographs to prove this and you may have grounds for appeal.  Remember that the clamping company will have pictures too, or they should have.
  6. Formalise your complaint
    You cannot appeal a clamping/blocking or towing until after you get your vehicle back.  This means paying up and then fighting for your money back.  When you pay to be declamped you MUST ask for and receive from the company a receipt for your payment and you MUST also get an appeals notice which will give you details on how to appeal your penalty charge.  If you do not receive this information you MUST contact the Security Industry Authority and make a formal complaint against the company who made the charge.

There are two legal precedents used in the industry.  One is Arthur versus Anker and the other is Vine versus London Borough of Waltham Forest.

Arthur versus Anker (Court of Appeal 1996) addresses the laws of consent and distress/damage and lays down guidelines as to when clamping is permissible.  This case highlighted that the vehicle owner had knowingly parked in violation of restrictions and was correctly clamped.  The court of appeal rejected the vehicle owners (Mr Arthur’s), claim and laid down the principles of law which now govern modern wheel clamping.

Vine versus London Borough of Waltham Forest (Court of Appeal 2000) addresses the law of contract.  Ms Vine won her case against the London Borough because the clamp warning signs were hidden and she did not see them.  Therefore, she could not have consented to the clamping.  The case also highlighted the requirement for penalty fees to be reasonable. Many councils have since stopped using clamping techniques and now rely on penalty charge notices, so council run car parks are probably safer than an unknown private car park.

Remember the most important thing of all: if you don’t contravene parking restrictions you shouldn’t get clamped. 

LOOK for the signs and remember to alway make sure any permits or tickets are adquately displayed. 

DOUBLE CHECK that you are parked within marked bays within a parking area 

NEVER park in a disabled or reserved space 

ALWAYS if in doubt, find somewhere else to park!

Clamper Says A Clamping Ban Would Lead To Chaos

August 25th 2009

A CAR clamping boss claims a ban on private clampers would lead to “anarchy and chaos”.

Tony Fithon, managing director of Colchester clamping firm, Impact Security Services, says AA calls for a ban are unnecessary and would leave the police and other authorities under pressure.

The big problem is that there is no ceiling on what you can charge to release a clamped car.  If the Government put a limit in place, all these problems would go away.”  said Tony Fithon, of clamping firm, Impact Security Services

The motoring organisation has condemned unregulated private clamping firms as “immoral” and is urging the Government to ban them.

But Mr Fithon said: “Wheel clamping plays an important part in the overall security of the UK.

“If you took doormen off the doors on a Saturday night in Colchester, the police could not cope and the bars and night clubs would have to shut down.

“If you took the traffic wardens off the streets, there would be chaos and anarchy and it is exactly the same with car clamping. The police would have anarchy in the UK.”

He added: “The big problem is that there is no ceiling on what you can charge to release a clamped car.

“If the Government put a limit in place, all these problems would go away.”

The AA says some unscrupulous companies are charging as much as £500 to release vehicles.

It also believes it is too easy for people to get access to Government records of car owners’ details, allowing almost anyone to set up a car clamping business.

Paul Watters from the AA said: “The lure of uncontrolled money-raking is so great some companies even offer DIY packs, with signs clampers can print off the internet.

“Private parking enforcement is big business, generating millions of pounds and no one notices, or acts when the rules are broken.

“The public has absolutely no protection if a private parking firm acts unfairly, as it is a civil matter and no one is interested in helping.”

Essex University recently backed down in a row with students, hundreds of whose cars were clamped by Woodlund Services, which then demanded £50 to release them. In the end, the university agreed instead of clamping, drivers would simply be given a penalty notice, warning cars were liable to be clamped in future.

The Government has promised legislation regulating clampers will be introduced in 2010.

All vehicle immobilisers who clamp or tow vehicles on private land must be licensed by the Security Industry Authority.  To get licensed they must pass two examinations which cover current legislation, good practice and conflict management, and have a criminal record check.  beSmart Training run these courses every month at their London training centre.  Go to our website at www.besmart-training.co.uk for more details.

Vehicle Immobiliser Network – Fourth Meeting

July 31st 2009

As part of the SIA’s stakeholder engagement strategy, the fourth Vehicle Immobiliser Network meeting will be held on Wednesday 23 September in London.

The meeting is being organised and facilitated by Direct Parking Control Ltd, with the full support of the SIA. The event follows the successes of the first three meetings held in January and November 2008, and March 2009.

The meeting is an opportunity for those working in the sector to engage with the SIA and others in their industry. Delegates will be able to discuss and explore issues about the industry and regulation.

If you would like to attend the meeting, which is free of charge, please visit www.the-sia.org.uk/vi-network to register your interest by 17 August 2009.

beSmart run regular monthly courses for the vehicle immobiliser course accepted by the SIA for a vehicle immobiliser licence.  Check out our website at www.besmart-training.co.uk for dates and prices, or call Sue on 020 7237 6007.

PROPOSED CHANGES TO SIA TRAINING IN 2010

May 11th 2009

I was lucky enough to attend the BTEC Security Forum last week which was hosted by Edexcel.  An interesting meeting at which Tony Holyland from the SIA announced some very interesting information about forthcoming changes to the SIA training.

Over the past year or so there has been much speculation and rumour flying around on what the SIA will change about security training.

Well, it would seem, quite alot actually.  Having now collated and evaluated all the consultation documentation they are going to make some drastic changes and totally change the whole training set-up.

What has been announced, and in no really great detail, is that the training will be broken down into various units depending on what area of security you wish to work in.

To try to explain simply, there will be one core competency unit which is compulsory for those who wish to get a Security Guard, Door Supervisor, Vehicle Immobiliser (wheel clamping), CCTV or Cash and Valuables in Transit Licence.  You will then have to take a sector specific unit depending on what area you wish to specialise in.  You will, if you want to do Door Supervision, Security Guarding or Vehicle Immobilisation also then have to do a further unit in conflict management.

There have been many changes within the sector specific areas too, mostly, however, within door supervision.  There will be Physical Intervention, although in what form is not clear at this time.  There will be more about first aid, although again it is not clear how, but will not detract from the legal obligation to provide adequate first aid trained staff in venues.  There will be more training on anti-terrorism and the hostile reconnaissance factor.

It has been announced that the Door Supervisor Licence will still be accepted for Security Guarding because although there are significant changes it was felt that it still mapped across sufficiently.

beSmart offers certificated physical intervention courses which are endorsed by the SIA and ACPO, as well as SIA approved training courses on a regular basis.  For more information, please visit our website.  If what you’re looking for is not there, please don’t hesitate to call Sue on 0207 237 6007.

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