Bob Smytherman

Opinion Flat Liv ing w h a t t he e x p er t S t hi nk

explains why the clamping ban will be a charter for the selfish parker

Most people who live in a block of flats in a town or city will be aware of the debate that has been raging in recent months over the government’s plans to ban clamping of cars parked illegally on private land. Despite vigorous lobbying by the Federation of Private Residents’ Associations (FPRA) which represents flat owners in England and Wales and a range of other interested parties, the ban, which is included in the new Protection of Freedom Act, received Royal Assent at the beginning of May.

The FPRA has accused Home Office Minister Lynne Featherstone MP of completely ignoring the views and the rights of flat owners and tenants in drawing up the new legislation. The new Act ignores all the issues we have raised regarding the car clamping ban during the passage of this Bill and when it comes into force in October we anticipate major problems for ordinary residents living in blocks of flats with a parking space.

I do not believe the Coalition’s knee-jerk proposal to ban wheel clamping outright in an attempt to outlaw rogue clamping companies will be the populist measure they expect it to be. What the Government has failed to appreciate is that thousands of people living in blocks of flats with car parking spaces are constantly at the mercy of illegal parking. And as anyone involved in the management of parking knows, the only serious deterrent to illegal parking is the threat of clamping. The issuing of penalty tickets is not an effective deterrent because they are very difficult to enforce, as highlighted by the BBC’s Watchdog programme.

The Government’s response to our concerns is that landowners can erect barriers around their property to control illegal parking. This might be fine for well-heeled companies, the landed gentry and government departments, but it displays a dismal ignorance of how this can be achieved in blocks of flats.

The FPRA pointed out to the Home Office that n Residents and leaseholders of blocks of flats may not be able to install barriers because the terms of the lease will not allow them; n If the lease does allow or if it is amended to allow (a very complicated and costly process) the installation of barriers, the cost of installing and maintaining them will fall on the ordinary leaseholder, which includes pensioners and the not-so-well-off. Will the government contribute to this cost? n Barriers are restrictive and inconvenient to residents, visitors and trade vehicles interfering with the free movement in and out of where they live, work or visit.

I am saddened that the Coalition Government’s understanding of car clamping is depressingly naive. Ministers seem to think that this is a simple black and white issue of drivers as victims, when in fact many residents are also victims; their lives plagued by illegally parked cars. Ministers seem to

The real problem with the system was the rogue car clampers and the solution should have been to regulate them

CorreCtion

in my last article i inadvertently referred to the limit of bank protection as £50,000 but in fact after a successful campaign by Fpra and others this was increased to £85,000 in the event of a bank failure. the £85,000 limit is the amount any individual can claim on the Financial Service Compensation Scheme and this can include monies held in trust for leaseholders. the rules are more complex than this and full details are available from Fpra. we apologise for the confusion. ’

See also letters, page33 for more on this subject from arMa Leases may not allow installation of barriers assume that landowners can just erect barriers, with no understanding that these ‘landowners’ also include ordinary people - leaseholders - in blocks of flats who could be forced to pay for the installation and management of barriers, if the lease allows it. In many cases the lease will not allow it, in which case there is little that those residents can do to effectively keep out unwanted cars. The new law will bring misery to a lot of people and certainly not the ‘freedom’ the Government claim.

Our argument was that the real problem with the system was the rogue car clampers, and the solution should have been to regulate them, not ban clamping completely.

So where do we go now? The FPRA hasn’t given up on this issue and we will continue to campaign vigorously on leaseholders’ behalf. We are now calling on the Home Office to work with us to come up with robust regulation of the parking industry, and avoid the unintended consequences of this rash and illconceived legislation. ●

BoB sMytherMan

Chairman, The Federation of Private Residents Associations Ltd email bob@fpra.org.uk Go to www.fpra.org.uk to find out more about the FPRA and its legal advice service which is free to members.