A Hendon solicitor has split his community by threatening a national clamping company with legal action.

Franklin Joseph-Brown, a residents' assocation director from Hendon Hall Court, Parson Street, claims Park Direct is breaking the law every time it tows away vehicles from private land.

He has vowed to take the matter to court to prove towing cars from private land is illegal.

Mr Joseph-Brown launched the action after he and a neighbour had to pay Park Direct nearly £400 to unclamp their cars from outside the apartment block where they live.

In doing so, Mr Joseph-Brown has alienated a number of his neighbours, who support the clamping of cars without an appropriate permit.

Mr Joseph-Brown, 57, believes the 2001 Private Security Industry Act provides the necessary legal argument required for him to pursue his claim.

The act regulates the private security industry, but does not expressly mention towing away as a legitimate activity for clamping companies.

He supports his argument with case law, which he says has deemed £65 a reasonable release fee.

In common with many similar firms, Park Direct charges more: £150 for clamp release, a £150 towing fee, £35 for daily storage, plus VAT.

Mr Joseph-Brown said: "The reason no one has done this before is because they are gullible. People just pay the money and don't have time to take it any further.

"But this particular act does not give clampers the right to tow away a car on private land. It doesn't matter if you are a resident or an outsider."

Mr Joseph-Brown and fellow resident Daniel Michel, 37, were both clamped and towed at about 11.40pm on March 30.

Both had bought new cars that day and say they did not have the opportunity to obtain new permits before they were clamped. They say their subsequent explanations fell on deaf ears.

Residents' committee member Cyril Fiber, who has authority over issuing permits, says the freeholders voted to bring in clamping in 2002.

He believes Mr Joseph-Brown's efforts to challenge Park Direct have won him few friends.

He said: "The rules are quite clear. You need a parking permit. Mr Joseph-Brown simply has an axe to grind because he didn't do the right thing. Many residents here are upset by his behaviour."

Mr Michel disagrees. Even if Mr Joseph-Brown loses his legal battle, he argues, Park Direct still have an ethical case to answer.

He said: "We felt really shocked. We pay the rent, we pay the building duty, but when we rang them to consider our situation they said they couldn't do anything. It was terrible."

But a Park Direct director said neither Mr Brown nor Mr Michel have any basis for their arguments.

He said: "I can assure you we are working within the law. Mr Brown's information is wrong.

"Regarding the ethical issue, we have an appeals procedure. We are required to clamp cars without permits."

Park Direct featured on BBC's Watchdog on Monday night after residents of a west London housing estate claimed the company had given them too little notice to renew their parking permits.