Legal Assistance please - Vehicle clamping
Discussion
Can anyone direct me to the exact details of the law regarding clamping of vehicles on private property please?
I work for a large company who rent a building on an industrial estate. This estate have a security company who are threatening to clamp vehicles which are "illegally" parked.
Thanks
Paul
I work for a large company who rent a building on an industrial estate. This estate have a security company who are threatening to clamp vehicles which are "illegally" parked.
Thanks
Paul
I do not recall any legislation that sets this matter out in chapter and verse because it is in the realms of civil law unlike Road Traffic (criminal) Law.
A (licensed) person who wheel clamps a car parked without permission/authority on his land could be said to be trying to use a remedy of the civil law by detaining property of the tresspasser until compensation paid. In Scotland this has been held to be extortion,but has been allowed in England providing there is a clear notice that parking without permission will result in clamping, then to go and park is to consent to this clamping ,wrong under civil law because it interfers and detains property. Thus the parker consents to the clamping.
However the implied consent by the landowner is not an open book and it is on the basis that:
There was a clear and prominent notice,
The release fee is reasonable,
The vehicle will be unclamped without undue delay when payment made and
There is a means to communicate with the clamper in order to make payment
One of a civil judgement of Vine v Waltham Forest London Borough Council (2000)
can be seen if you enter the case as a Keyword search.
Note this was pre Licensing days.
dvd
A (licensed) person who wheel clamps a car parked without permission/authority on his land could be said to be trying to use a remedy of the civil law by detaining property of the tresspasser until compensation paid. In Scotland this has been held to be extortion,but has been allowed in England providing there is a clear notice that parking without permission will result in clamping, then to go and park is to consent to this clamping ,wrong under civil law because it interfers and detains property. Thus the parker consents to the clamping.
However the implied consent by the landowner is not an open book and it is on the basis that:
There was a clear and prominent notice,
The release fee is reasonable,
The vehicle will be unclamped without undue delay when payment made and
There is a means to communicate with the clamper in order to make payment
One of a civil judgement of Vine v Waltham Forest London Borough Council (2000)
can be seen if you enter the case as a Keyword search.
Note this was pre Licensing days.
dvd
Dwight Vandriver said:
I do not recall any legislation that sets this matter out in chapter and verse because it is in the realms of civil law unlike Road Traffic (criminal) Law.
A (licensed) person who wheel clamps a car parked without permission/authority on his land could be said to be trying to use a remedy of the civil law by detaining property of the tresspasser until compensation paid. In Scotland this has been held to be extortion,but has been allowed in England providing there is a clear notice that parking without permission will result in clamping, then to go and park is to consent to this clamping ,wrong under civil law because it interfers and detains property. Thus the parker consents to the clamping.
However the implied consent by the landowner is not an open book and it is on the basis that:
There was a clear and prominent notice,
The release fee is reasonable,
The vehicle will be unclamped without undue delay when payment made and
There is a means to communicate with the clamper in order to make payment
One of a civil judgement of Vine v Waltham Forest London Borough Council (2000)
can be seen if you enter the case as a Keyword search.
Note this was pre Licensing days.
dvd
A (licensed) person who wheel clamps a car parked without permission/authority on his land could be said to be trying to use a remedy of the civil law by detaining property of the tresspasser until compensation paid. In Scotland this has been held to be extortion,but has been allowed in England providing there is a clear notice that parking without permission will result in clamping, then to go and park is to consent to this clamping ,wrong under civil law because it interfers and detains property. Thus the parker consents to the clamping.
However the implied consent by the landowner is not an open book and it is on the basis that:
There was a clear and prominent notice,
The release fee is reasonable,
The vehicle will be unclamped without undue delay when payment made and
There is a means to communicate with the clamper in order to make payment
One of a civil judgement of Vine v Waltham Forest London Borough Council (2000)
can be seen if you enter the case as a Keyword search.
Note this was pre Licensing days.
dvd
One "solution" I heard of was to prominantly display a notice in the car saying that you do not agree to any implied contracts and that anyone clamping the car is agreeing to pay etc etc etc...
Sean
Keep one of these in the boot
machine Mart
They are cheaper on ebay about £ 80-100 for machine battery and car charger
machine Mart
They are cheaper on ebay about £ 80-100 for machine battery and car charger
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