TOWED CARS BY CLAMPERS QUESTION
Discussion
Private Parking Company can still clamp (and tow?) in Northern Ireland, or they could do until recently.
If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment
.
If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment
.
speedking31 said:
POORCARDEALER said:
Landlord asked private firm that also do DVLA clamping/removal to visit the car park which they do and they take several cars ...
Have the cars been taken on behalf of the DVLA? 
If on behalf of the landlord, then that's no different to him turning up and towing a vehicle away. I can't see how that's legal. If you're in breach of a tenancy agreement then there is a process, he can't just do what he likes because its his land.aw51 121565 said:
Private Parking Company can still clamp (and tow?) in Northern Ireland, or they could do until recently.
If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment .
To make it a little clearer: Landord invites private company onto his premises that do DVLA work as well, they take all untaxed and unsorned cars, one of which is mine...I wrote to the DVLA who confirm my car has trade status.If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment
.I inform clampers of this who refuse to give me the car back as they say the landlord wrote to the tenants earlier in the year saying the parking is for visitors and untaxed cars were not allowed in the car park. and the clampers believe that entitles them to keep the car unless I pay them
king hell, that sounds a bit extrajudicial. Sue them all!If you know who took your car, and you know the address where papers can be served on them, then stop wasting time and take them to court. If the value of the car is less than (IIRC) £10K then MCOL is simple and straightforward. You can do it all on line. Ignore any responses blaming the landlord or saying they had permnission.
singlecoil said:
If you know who took your car, and you know the address where papers can be served on them, then stop wasting time and take them to court. If the value of the car is less than (IIRC) £10K then MCOL is simple and straightforward. You can do it all on line. Ignore any responses blaming the landlord or saying they had permnission.
Already done, I cannot believe how ridiculous their behaviour is.I'm not sure MCOL is the right way of going about this - I would think you would need to apply for an injunction against the people who towed the vehicles, and compel them to return them. But I'd imagine that plod would be a quicker route if you can find someone senior enough to take attention.
POORCARDEALER said:
aw51 121565 said:
Private Parking Company can still clamp (and tow?) in Northern Ireland, or they could do until recently.
If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment .
To make it a little clearer: Landord invites private company onto his premises that do DVLA work as well, they take all untaxed and unsorned cars, one of which is mine...I wrote to the DVLA who confirm my car has trade status.If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment
.I inform clampers of this who refuse to give me the car back as they say the landlord wrote to the tenants earlier in the year saying the parking is for visitors and untaxed cars were not allowed in the car park. and the clampers believe that entitles them to keep the car unless I pay them
nikaiyo2 said:
Clamping is illegal on private land is is towing, unless done with court order by bailiffs or under statutory power (DVLA etc.)
Red Devil said:
POORCARDEALER said:
aw51 121565 said:
Private Parking Company can still clamp (and tow?) in Northern Ireland, or they could do until recently.
If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment .
To make it a little clearer: Landord invites private company onto his premises that do DVLA work as well, they take all untaxed and unsorned cars, one of which is mine...I wrote to the DVLA who confirm my car has trade status.If they are clamping and towing on mainland UK then they are breaching Protection of Freedom Act 2012 which is a criminal - Police - matter (not they will initlally be interested).
Of course, if it is a DVLA contracttor towing on their behalf then that's different - quite a few unclear points at the moment
.I inform clampers of this who refuse to give me the car back as they say the landlord wrote to the tenants earlier in the year saying the parking is for visitors and untaxed cars were not allowed in the car park. and the clampers believe that entitles them to keep the car unless I pay them
nikaiyo2 said:
Clamping is illegal on private land is is towing, unless done with court order by bailiffs or under statutory power (DVLA etc.)
1. No.
2. Yes, so long as the barrier was in place (open or shut, raised or lowered) when the vehicle was parked, and you have done something to obtain express or implied consent to the blocking of the vehicle, for example placing a prominent sign stating that the barrier may be closed at any time for an indefinite period.
2. Yes, so long as the barrier was in place (open or shut, raised or lowered) when the vehicle was parked, and you have done something to obtain express or implied consent to the blocking of the vehicle, for example placing a prominent sign stating that the barrier may be closed at any time for an indefinite period.
POFA 2012 said:
54 Offence of immobilising etc. vehicles
(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to a fine,
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.
(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).
(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.
(5)A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to a fine,
(b)on summary conviction, to a fine not exceeding the statutory maximum.
(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
Breadvan72 said:
1. No.
2. Yes, so long as the barrier was in place (open or shut, raised or lowered) when the vehicle was parked, and you have done something to obtain express or implied consent to the blocking of the vehicle, for example placing a prominent sign stating that the barrier may be closed at any time for an indefinite period.
Thanks BV. 2. Yes, so long as the barrier was in place (open or shut, raised or lowered) when the vehicle was parked, and you have done something to obtain express or implied consent to the blocking of the vehicle, for example placing a prominent sign stating that the barrier may be closed at any time for an indefinite period.
Looks like I need another "cunning plan",
Clamping was outlawed in Scotland well before E&W caught up. Nor does PoFA 2012 apply north of the border. There are numerous posts on here about the plight of landlords in E&W but very little AFAICS from their Scottish counterparts. So how have they coped? Have they been completely overwhelmed by 'Border Reiver' parkers? Genuine question.
speedyguy said:
Maybe Scotland has a lower population density so the problem isn't as acute ?
Glasgow and Edinburgh are as densely populated as any English city, and have the same pressures of traffic and parking. Yes, there's a lot of empty space outside the central belt, but I doubt whether Glasgow's parking problems are alleviated much by commuters taking advantage of the plentiful free parking beyond the Campsies - any more than parking in Newcastle is easy because Northumberland as a whole is sparsely populated.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff