Direct Communications Unit

2 Marsham Street, London SW1P 4DF

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E-mail: [Home Office request email] Website: www.homeoffice.gov.uk

[FOI #25196 email]

Mr Philip Collins

Reference: T23361/9

Dear Mr Collins,

Thank you for your e-mail of 29/12/2009 4:13:42 PM about in which you ask the following questions -

1) Which government departments have the authority to regulate the size of a sign displayed by a landowner on private land?

2) What law or legislation grants them this authority?

3) Yes or No, Will the requirement of an SIA license obligate those engaged in the activity of clamping cars on private land to follow a strict code of conduct regarding clear signage and the time taken to release the car and the size of release fees, under penalty of criminal charges?

4) Will the 'independent appeals process' mentioned in recent government statements on this subject, be the course of action that will result in the criminal charges brought against the perpetrators of clamping that does not meet the code of conduct suggested in the same statements ?

5) Will the granting of a license from the SIA to clamping firms give them limited liability against criminal prosecution, if they fail to uphold an enforceable code of conduct regarding clarity of signage, amount of release fees?

6) What justification is there for the police to refuse to get involved in cases of private clamping?

7) Is the common law charge of extortion not applicable in this case? If not, why not?

8) Finally, what is the legal status or a car whilst it is on private land, owned by someone other than the owner of the car, as compared to its legal status as a registered vehicle while it is on public roads?

This request has been handled as a request for information under the Freedom of Information Act 2000.

I am able to disclose the information set out in the enclosed annex.

In keeping with the Freedom of Information Act, we assume all information can be released to the public unless it is exempt. In line with normal practice we are therefore releasing the information you requested via the Home Office website.

I hope this information meets your requirements. I would like to assure you we have provided you with all relevant information the Home Office holds.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting a complaint within two months to the address below, quoting reference CR13700. If you ask for an internal review, it would be helpful if you could say why you are dissatisfied with the response.

Information Access Team

Home Office
Ground Floor, Seacole Building

2 Marsham Street

London SW1P 4DF

E-mail: [email address]

As part of any internal review the Department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. If you remain dissatisfied after this internal review, you would have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

In response to your e-mail of 15 January 2010, the e-mail you received from us was in response to your e-mail of 28 December 2009. The information you requested on 29 December is provided in the annex below.

With regard to your email of 15 January, this letter and the previous responses that you have received have addressed all the issues that you have raised. We have no further comments to add to the information we have provided.

Yours sincerely

Justina Emanuel Annex

Freedom of Information request: Mr Philip Collins (reference CR13700)

Information requested:

Response

We are not aware of any Department with responsibility specifically for regulating signage used by vehicle-immobilisers.

Under the Private Security Industry Act 2001, the Home Office set up the Security Industry Authority. The SIA is a Non-Departmental Public Body.

Under the Crime and Security Bill, currently before Parliament, we plan to introduce a requirement for vehicle immobilisation businesses to be licensed by the Security Industry Authority (SIA). Proposals within the Bill will make it mandatory for vehicle immobilisation (VI) businesses and their employees seeking to be licensed to follow strict conditions set out in a code of practice by the SIA. Signage is one of the proposed areas where conditions would be set

Information requested:

Response:

These are all matters which are likely to be covered by the proposed code of practice

Information requested:

Response:

The outcome of contested release fees would not necessarily lead to direct action against the business concerned. Responsibility for securing compliance with the conditions of a licence will continue to rest with the SIA and decisions on the appropriate action in relation to a business would be for the SIA to decide. The SIA's preferred option is to encourage compliance with the law rather than to prosecute. In deciding on the appropriate action in relation to a licence holder the SIA takes into account all the relevant evidence available to them.

The penalties and powers available to the SIA for enforcement of business licensing would mirror those available in relation to individual licensing, including revocation or suspension of a licence and/or prosecution.

Information requested:

Response:

No. Adherence to the conditions of a licence will be required as part of the conditions for holding a licence, or having it renewed. However, as indicated above, the SIA will continue to exercise its discretion in enforcing licence conditions.

Information requested:

Response:

This is a matter for which Chief Officers of Police are responsible, since they are responsible for the day to day management, use of resources, policies and deployment of staff are operational matters.

Any concerns about an individual case should be addressed to the Chief Officer of the force concerned. The Home Office has no power to intervene or act in such cases. Where a person is dissatisfied with the explanation received from the force, they may raise the matter with the local Police Authority.

Information requested:

Response:

We are not aware of any decision of the courts in England and Wales to the effect that the law relating to extortion would prevent wheel-clamping. Only the courts could give a view on this matter.

Information requested:

Response: (from the DVLA):

This would appear to be a question on which you would need to seek legal advice. One important issue, however, would be whether the vehicle was present on private land with or without the land-owner's permission.

Date: 21^st January 2010