Clamper convicted ...

Clamper sentenced for ‘bullying’ tactics
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By Laura Herbert
November 25, 2010

A clamper who demanded hundreds of pounds from a Caversham motorist he claimed was illegally parked has become one of the first clampers prosecuted under new aggressive trading laws.

Regional Clamping Services (UK) Ltd boss Lee Peacock immobilised motoring journalist James Day’s Alfa Romeo in Mill Green, Caversham, on February 11.

The parking ticket was issued by the wheel-clamping company because, it said, Mr Day’s car was causing an obstruction, had no parking permit and because signs stated ‘strictly no parking’.

He was charged £170 for the vehicle to be towed, £150 for it to be clamped and £105 (£35 per day) for it to be kept in a compound in Iver, Buckinghamshire – a total of £425.

Mr Day, of nearby Queens Road, made the 30-mile trip to the compound two days later to have his car released.

Peacock, from Uxbridge, appeared at Brent Magistrates’ Court in London on November 2 where he admitted two bankruptcy offences, two counts of fraud and one of aggressive trading. The charges do not relate to Mr Day.

He is also accused of breaking the law by running Regional Clamping Services (UK) Ltd as he was disqualified as a director and from using the company name after his original business Regional Clamping Services Ltd went into liquidation in February 2009.

Peacock was sentenced to 16 weeks suspended for 18 months for both fraud counts to run concurrently, and 10 weeks suspended for 18 months for bankruptcy offences. Both sentences are to run consecutively.

He must also carry out 120 hours’ unpaid work, fined £500 and ordered to pay £3,433 in costs.

Mr Day, 27, said: “I’m pleased the law has finally caught up with him and I know Brent Trading Standards played a big part in bringing this crook to book.

“It’s just a shame it took a kind of loophole law to prosecute him rather than clamping being illegal in the first place, like in other parts of the UK.

“The sentence itself is too lenient for someone who has clearly profited huge amounts of money from his aggressive practices. Money that in most cases won’t find its way back to victims and in some cases caused distress as a result of intimidation.”

He added: “I hope residents who feel the need to have parking restrictions placed in their neighbourhoods think long and hard about who they employ to enforce them, especially as Mr Peacock already had an alleged history of malpractice before being prosecuted.”

Reading East MP Rob Wilson, who was contacted by Mr Day at the time, said of the sentencing: “I think this is a warning to all clamping companies that are sailing close to the wind that their behaviour is not going to be tolerated in the future.

“We came into Government with a clear mission to make sure companies that were being overly aggressive, bullying and working at the edges of the law are going to be dealt with.”

He added: “I am so pleased to see this case has gone to court and I hope other companies will learn from it.

“There are very reputable companies that do a reasonable job and work within the law. There’s no reason why all of these companies can’t do that.”