The Royal Windsor and Maidenhead Borough is calling on the government to outlaw wheel clamping and replace it with fines for motorists caught parking on private property.
The Windsor and Maidenhead borough has made the recommendation in response to a Home Office consultation on proposals to license vehicle immobilisation businesses operating in private car parks and on private land.
This issue was discussed at the Windsor and Maidenhead planning and environment overview and scrutiny panel meeting on Monday (6 July) and the report, with panel recommendations, will be submitted for approval by cabinet on Thursday 23 July.
Government proposals - which interested parties including local authorities have been invited to comment on - are a step in the right direction but do not go far enough, said Cllr Colin Rayner, lead member for Windsor and Maidenhead highways and streetcare.
The Home Office's preferred option is to require all businesses to be licensed by the Security Industry Authority and to comply with a compulsory code of practice. Currently only the individuals involved in clamping vehicles are required to be licensed.
Cllr Rayner said: "The Royal Borough does not clamp vehicles in its car parks and does not support the clamping of vehicles on private land. While we would support the Home Office's preferred option over the current situation, we believe this is an excellent opportunity to go much further.
"We want clamping to be banned completely in private car parks and replaced by a parking ticket-based scheme. This already happens in Scotland where the courts have ruled that clamping is akin to extortion and have effectively banned it altogether."
If clamping is replaced by a ticketing system then other Royal Windsor and Maidenhead Borough proposals include:
· allowing 28 days for payment of fines
· allowing vehicles to be towed if not removed within a reasonable time (two hours) after a ticket is issued
· the existing British Parking Association Code of Practice on the issuing of parking tickets be made compulsory.
If however the government does not ban clamping outright, but continues with its preferred option of business licensing and a compulsory code of practice, then the Windsor and Maidenhead borough would like to see:
· a minimum time of 30 minutes between immobilisation and removal
· strict requirements on size and visibility of signs
· a cap of £50 to £100 on clamping, towing and impounding fees
· a ban on double charging (charges for clamping and removal)
· a strict re-licensing requirement on phoenixing companies (companies that close down then re-start with the same staff and a slightly different name)
· a requirement for all licensed businesses to assume responsibility for equipment such as pay-and-display machines, irrespective of actual ownership - preventing such practices as clamping cars when the equipment is faulty or the time on the machine is out, and
· the continuation of an annual licensing period rather than the suggested move to a three-year period.
Windsor and Maidenhead Cllr Rayner added: "By introducing these measures residents and visitors will be better protected against possible abuses or intimidating behaviour, while the rights of landowners to take reasonable action to deter or prevent unwanted parking will be preserved.
"The council is totally opposed to clamping in private car parks, which can leave a bitter taste in the mouth of any resident or tourist who returns after an enjoyable trip into town to find their car clamped and a huge set of fees to be paid before they can get it back.
"We have addressed issues at a privately-owned car park in Windsor by placing notices nearby advising motorists that they could be clamped if they overstayed. However, we are limited in what we can do about a legal business practice, however unpopular and unfair people consider it.
"Local authorities have very little control over clamping on private property and can only ensure the clampers are operating within the law. We have no say in what they decide to charge and we cannot order them to pay back fees to drivers. Our officers investigate the aspects over which we do have control, such as making sure that signs are in place, prices are clear and that clampers have a contract in place to operate.
"We welcome this opportunity to have our say on potential future changes in the regulation of clamping and hope that the government will take on board our considered opinion that clamping should be stamped out altogether or at the very least that the permitted fees are drastically reduced."
Feedback on the consultation has to be returned to the Home Office before 23 July. The Royal Borough is writing to local MPs, town partnerships and business associations asking them to also respond. It is also urging residents and any other interested parties to make their views known.
The Royal Borough of Windsor and Maidenhead