Unscrupulous car clampers
Re-selling tickets for events
Q I’ve heard that there are some unscrupulous clampers operating around venues like the arena and the stadium. How do I go about making sure I don’t fall foul of them?
A I assume that you are asking about the clampers who operate when you are parked on private land as opposed to parking on a public road at a parking meter and overstaying your time.
The first point to note is that clampers, now known as vehicle immobilisers, have been regulated by the Security Industry Authority (SIA) since May 2005. They need to be licensed to carry out their activity.
It is an offence for an operative to clamp who is not licensed and also an offence to employ an unlicensed operative.
If you do park illegally on private land then your vehicle can be clamped provided there are notices clearly on display, warning that unauthorised vehicles would be clamped. The landowner should not make an unreasonable charge for the release of the vehicle.
If you are unfortunate enough to have had your car clamped, it is important to make sure the clamper is wearing an identity badge and can provide a receipt with details of the location of the clamping, their name, signature, license number and the date of the clamping. Do not attempt to remove the clamp yourself as you could be sued for criminal damage. Make sure that the clamping notices are visible and try to take photographs at the time. You should ask the clamper whether they can produce the landowner’s authority to allow them to clamp there. Also ask for the clamper to produce their SIA license and if he is not licensed, call the police as this is a criminal offence. If the clamper uses threatening or intimidating behaviour, again, you should call the police. If you think that you should not have been clamped as the signage may have been inadequate or the release fee was too high, you should speak to a solicitor as you may be able to get your money back through the courts. If, however, they overcharge you or impose a charge that is not applicable, then contact Trading Standards.
Finally, we are aware that some unscrupulous traders are posing as parking attendants and ushering visitors to park in private land for a fee. Unwittingly, consumers are then clamped by vehicle immobilisors for parking their vehicles illegally. Ultimately, you should always make sure that you park in official sites.
Q. If a person comes and offers a ticket to me for a prestigious event at Wembley for a hugely increased price, what should I do?
A. There are specific laws that regulate the re-sale of tickets by others who are not acting on behalf of the promoter or holder of the event.
Under the law, the seller should inform the purchaser of the face value of the ticket, the location of the seat and any conditions that could adversely affect the enjoyment of the event. This would include having a seat with a restricted view or restricted access to it. This information must be given before the contract is made. This same law applies to ticket agencies and would also include coach trips where part of the arrangement is for the viewing of a show or some similar event.
You should note that for some events the sponsor of the event does not allow for the re-sale of tickets, as will be the case for the 2012 Olympics. The Government is looking at whether there should be a blanket ban on the re-sale of tickets for all events. Other countries have already introduced this system and the Government will await the outcome of their findings.
