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andy-xr

Original Poster:

9,853 posts

90 months

[news] 
Friday 11th May 2012 quote quote all
Neighbours car was clamped this morning, car was parked overnight on their driveway. From my curtain twitching vantage point I spotted a sign on their windscreen that said they'd been clamped for non payment of penalty charge notices.

Does anyone know the legalities of this? I'm asking as I received a parking notice this morning through the post, private parking company with access to DVLA

Pontoneer

3,464 posts

72 months

[news] 
Friday 11th May 2012 quote quote all
Penalty charge notices are legally enforceable ones issued by council parking wardens/attendants or police and cars can indeed be clamped in connection with non payment of these ( even here in Scotland ) .

Parking charge notices are the ones issued by private companies and cannot be enforced , clamping in connection with these is not lawful and has been ruled by our courts to be extortion .

daz3210

5,000 posts

126 months

[news] 
Saturday 12th May 2012 quote quote all
If on private land (i.e. your drive) is that not trespass to fit the clamp?

How do you make it so though, does it need any signage?


aw51 121565

4,025 posts

119 months

[news] 
Saturday 12th May 2012 quote quote all
Bayleaf visitation with court warrant, as a result of LA (I'm guessing TfL) civil proceedings for a couple (at least) of unpaid parking tickets or Congestion Charge fines. Any car on the drive (or outside the house on the road, even if it doesn't belong to the person who parked wrongly rolleyes ) is fair game - clamp first and ask questions later...

Just an inspired guess, mind wink .

They're not Private P#rking Company invoices that have led to this, fear ye not smile .

Pontoneer

3,464 posts

72 months

[news] 
Saturday 12th May 2012 quote quote all
aw51 121565 said:
Any car on the drive (or outside the house on the road, even if it doesn't belong to the person who parked wrongly rolleyes ) is fair game .
That part strikes me as legally unsafe .

At one end of the scale the car might belong to another member of the household or a visitor who had done no wrong . A car parked outside might have no connection whatsoever with the household and could , in some urban areas , belong to someone who worked nearby or who lived in another street .

Any one of the above categories could justifiably feel aggrieved if they returned to find their car immobilised when they had done no wrong .
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R0G

4,057 posts

41 months

[news] 
Saturday 12th May 2012 quote quote all
andy-xr said:
I received a parking notice this morning through the post, private parking company with access to DVLA
IGNORE IT
IGNORE IT
IGNORE IT

did I mention that you should ignore it?

KingNothing

1,289 posts

39 months

[news] 
Saturday 12th May 2012 quote quote all
Don't think local council would put what the reason for clamping on the windscreen, I know the DVLA do it for tax, but I've never heard of a council doing it for parking tickets, I could be wrong though. At a guess, I would say it could possibly be a cowboy parking firm going one further than issuing the toilet paper letters they send, and taking it up a level. It's also illegal to immobilise a vehicle relating to a past debt isn't it? Unless you're a court appointed balliff and are clamping the car until a tow truck arrives to remove it for non payment of debts.

carreauchompeur

12,798 posts

90 months

[news] 
Saturday 12th May 2012 quote quote all
Could be a bailiff at best guess. PPC would be SERIOUSLY taking the piss to do this, but I wouldn't put it past them.

andy-xr

Original Poster:

9,853 posts

90 months

[news] 
Saturday 12th May 2012 quote quote all
Pontoneer said:
That part strikes me as legally unsafe .

At one end of the scale the car might belong to another member of the household or a visitor who had done no wrong . A car parked outside might have no connection whatsoever with the household and could , in some urban areas , belong to someone who worked nearby or who lived in another street .

Any one of the above categories could justifiably feel aggrieved if they returned to find their car immobilised when they had done no wrong .
In the case of my parking ticket, the reg number was queried at DVLA and owners details provided. They then sent out a notice to me. On the neighbours car, the notice gave a reference number of their registration, so I'm guessing the same thing has happened, except in their case a clamper has been around after they've not paid something

The interesting thing on my ticket is that there is a distinction made between owner and driver. Though having just sold the car there'd be nothing to clamp on the drive other than an unrelated car, and I cant imagine anyone being that dumb

aw51 121565

4,025 posts

119 months

[news] 
Saturday 12th May 2012 quote quote all
Pontoneer said:
aw51 121565 said:
Any car on the drive (or outside the house on the road, even if it doesn't belong to the person who parked wrongly rolleyes ) is fair game .
That part strikes me as legally unsafe .

At one end of the scale the car might belong to another member of the household or a visitor who had done no wrong . A car parked outside might have no connection whatsoever with the household and could , in some urban areas , belong to someone who worked nearby or who lived in another street .

Any one of the above categories could justifiably feel aggrieved if they returned to find their car immobilised when they had done no wrong .
Exactlysmile . But it occasionally happens, have a search on www.pepipoo.com and their 'council parking tickets' forum.

jith

2,119 posts

101 months

[news] 
Sunday 13th May 2012 quote quote all
Pontoneer said:
Penalty charge notices are legally enforceable ones issued by council parking wardens/attendants or police and cars can indeed be clamped in connection with non payment of these ( even here in Scotland ) .

Parking charge notices are the ones issued by private companies and cannot be enforced , clamping in connection with these is not lawful and has been ruled by our courts to be extortion .
When was the law in Scotland changed to permit this?

J

grumpyscot

601 posts

78 months

[news] 
Sunday 13th May 2012 quote quote all
Scots law was not changed. It was always illegal.

grumpyscot

601 posts

78 months

[news] 
Sunday 13th May 2012 quote quote all
Ooops - not reading properly - local councils were enacted to clamp last year. Edinburgh started clamping cars whose owner were owing more than £2k in parking FINES (not parking charges).

Pontoneer

3,464 posts

72 months

[news] 
Sunday 13th May 2012 quote quote all
jith said:
When was the law in Scotland changed to permit this?

J
Private clamping in Scotland was ruled in court to be extortion and outlawed here many years ago ( it did go on at one time ) .

Motorrad

5,200 posts

73 months

[news] 
Sunday 13th May 2012 quote quote all
What I fail to understand about these clamping cases is what the clamper would do when their clamp is 'stolen' by a third party unrelated to anyone involved. After all if you carelessly leave your property lying around it's subject to thievery or loss.

GC8

15,104 posts

76 months

[news] 
Sunday 13th May 2012 quote quote all
WWithout a witness or a confession they couldnt do anything.

carreauchompeur

12,798 posts

90 months

[news] 
Sunday 13th May 2012 quote quote all
An amusing thought sprang to mind regarding the use of wheel dollies to allow one's P and J to escape clampitude hehe

GC8

15,104 posts

76 months

[news] 
Sunday 13th May 2012 quote quote all
Without wishing to sound too 'Viz Advice Letters', consider clamping all four of your own wheels, to prevent TfLs stooges from immobilising you...

jith

2,119 posts

101 months

[news] 
Sunday 13th May 2012 quote quote all
Pontoneer said:
jith said:
When was the law in Scotland changed to permit this?

J
Private clamping in Scotland was ruled in court to be extortion and outlawed here many years ago ( it did go on at one time ) .
I'm fully aware of that, but you said it can still be done by local authorities in Scotland in your first post. Where does it say that in Scots Law?

J

Red Devil

6,144 posts

94 months

[news] 
Sunday 13th May 2012 quote quote all
grumpyscot said:
Ooops - not reading properly - local councils were enacted to clamp last year. Edinburgh started clamping cars whose owner were owing more than £2k in parking FINES (not parking charges).
http://www.nsl.co.uk/news/nsl-to-make-legal-history-with-new-clamping-operation-in-scotland
The Scottish Courts started doing so earlier using a Seizure of Vehicle Order (SVO).
http://www.scotcourts.gov.uk/payyourfine/svo.asp
http://www.scotland.gov.uk/News/Releases/2009/12/2...

The power to clamp for non payment of VED has been on the statute book for 15 years.
There have been numerous amendments thereto over the intervening years.
The one permitting immobilisation elsewhere than on a road came into force on 1st October 2008.
http://www.legislation.gov.uk/uksi/2008/2266/regul...

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