Clamping a car on a driveway
Discussion
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
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
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 .
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 .
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 ) is fair game - clamp first and ask questions later...
Just an inspired guess, mind .
They're not Private P#rking Company invoices that have led to this, fear ye not .
Just an inspired guess, mind .
They're not Private P#rking Company invoices that have led to this, fear ye not .
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 ) 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 .
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.
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 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 .
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
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 ) 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 .
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?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 .
J
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 ) .J
J
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-scotlandThe 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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