Memorandum submitted by the Automobile Association (AA) (CR 04)

 

Edmund King, President of the Automobile Association, was asked at the Committee on 28^th January 2010 to outline to the Committee what provisions would be needed in the Bill to make it workable.

 

1. Robust code of practice

 

The Bill should be amended to ensure that the Code of Practice for vehicle immobilisation, towing, blocking and ticketing is set in line with current regulations regarding on-street parking enforced by local authorities. This would govern charges (not to exceed local authority charges), methods of payment, signage (including phone numbers), and restrictions on immediate tow charges after clamping.

 

2. Independent appeals process

 

The Bill should be amended to ensure that vehicle immobilisation, towing and ticketing on private land should be subject to an independent appeals process. The Traffic Penalty Tribunal of England and Wales governs on-street parking appeals and should be extended to cover parking on private land. The process should be paid for by a levy on parking companies that apply for a vehicle immobilisation licence.

 

3. Scope of the Bill

 

If the Bill is not widened to cover ticketing on private land then many vehicle immobilisers will migrate into uncontrolled ticketing as happened following implementation of the Private Security industry Act 2001 in 2005.

 

 

The Automobile Association has concerns that if these changes to the legislation are not implemented then the legislation will create further bureaucracy without being effective. If these amendments cannot be implemented then steps should be taken to outlaw clamping on private land as happened in Scotland in 1991.

 

 

 

January 2010