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[FOI #25155 email]
Mr Philip Collins
Reference: T23358/9 15 January 2010
Dear Mr Collins,
Thank you for your e-mail of 28 December about the regulation of vehicle immobilisation (VI).
Control of parking on private land is legal in England and Wales within certain limits. At present, regulation of parking controls on private land extends only to vehicle immobilisation and related activities, such as blocking in or towing away a vehicle and collecting a release fee, where the person carrying out the operation is required to be licensed by the Security Industry Authority (SIA).
Under the Private Security Industry Act 2001 (the 2001 Act) the Home Office set up the SIA to regulate the private security industry through a process of licensing of individual security operatives. There are conditions attached to an individual's licence that help, in some respects, to ensure that it is conducted in a responsible manner.
However, the 2001 Act does not provide for the compulsory regulation of businesses who employ those individuals, nor for the regulation of their business operating procedures such as signage or the fee charged for release or appeal procedures.
The Government is, however, working to find solutions to concerns which have been raised in respect of VI businesses. We have recently conducted a 12-week formal public consultation on the range of options. This can be found on the Home Office website at :
The proposed arrangements under our preferred option would seek to impose conditions on VI businesses, and in the process address the main areas of complaint about vehicle immobilisation companies. The details will be decided after we have completed consideration of the outcome of the public consultation but would address issues including:
Excessive penalties for releasing clamped cars
Impounding cars unreasonably quickly after being clamped
Inadequate signage warning drivers that clamping takes place
Effective appeals processes for drivers
It is important to note that secondary and/or primary legislation may be needed to bring into force some of the changes, and any such requirements could of course impact on the timetable for implementation.
We also need to recognise the legitimate needs of private landowners (such as residents of private estates, small business owners, hospitals and universities) to protect their property from illegal parking and to ensure that whatever action we take is proportionate.
Yours sincerely,
Khaleed Edoo
Name