§ Mr. HinchliffeTo ask the Secretary of State for Transport what regulations and operational guidelines govern the issuing of penalties in respect of(a) private car parks and (b) wheel clamping. [12559]
§ Mr. WattsThe charges levied and the terms and conditions of use that apply in private car parks are a contractual matter between owner and user.
Wheel clamping on the public highway by the police is authorised under the Road Traffic Regulation Act 1984. The charges for release are stipulated in the Vehicles (Charges for Release from Immobilisation Devices) Regulations 1992. Wheel clamping of vehicles in on-street parking places by local authority parking attendants is authorised under the Road Traffic Act 1991. Operational guidelines are contained in local authority circular 5/92 in respect of London and local authority circular 1/95 in respect of authorities elsewhere.
Wheel clamping on private land is a matter for my right hon. and learned Friend the Home Secretary. No regulations exist, but case law has helped to establish what might be regarded as reasonable practice.