Private wheel clamping to be banned 1st Oct 2012
Private wheel clamping to be banned 1st Oct 2012
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Discussion

Laurel Green

Original Poster:

31,020 posts

255 months

Friday 13th July 2012
quotequote all
Fleet News said:
Wheel clamping without lawful authority will be banned in England and Wales from 1 October 2012, with anyone breaking the law facing criminal charges and a fine.

Once the ban comes into force on 1 October 2012, it will be illegal to clamp, tow away or immobilise a vehicle without lawful authority to do so. Anyone who breaks the law will face criminal charges and a fine if convicted.

In effect, this will ban most clamping and towing by anyone other than the police, local authorities, government agencies such as the Driver and Vehicle Licensing Authority (DVLA) and Vehicle and Operator Services Agency (VOSA) - plus other bodies acting in accordance with statutory or other powers, such as railway stations and airports.

Bodies with lawful authority to clamp and tow may continue to contract out this work to private companies.

DVLA and VOSA will continue to clamp or tow vehicles which are un-roadworthy or have not had their vehicle tax paid.

Currently, the law says that individuals or businesses can clamp vehicles if they have a valid vehicle immobiliser licence from the Security Industry Authority (SIA). This will apply until the ban comes into force in October 2012.
ETA: Hopefully, not a re-post and, not before time.

Mikeyplum

1,646 posts

192 months

Friday 13th July 2012
quotequote all
About fecking time!

McHaggis

58,087 posts

178 months

Friday 13th July 2012
quotequote all
And a DirectGov press release to back it up:

http://www.direct.gov.uk/en/Nl1/Newsroom/DG_190178...

frosted

3,549 posts

200 months

Friday 13th July 2012
quotequote all
Hurray


So it means I can remove my angle grinder out the boot then ?

McHaggis

58,087 posts

178 months

Friday 13th July 2012
quotequote all
Though I am trying to work out what "Bodies with lawful authority to clamp and tow may continue to contract out this work to private companies." means in practice...

Anyone got a list / reference of the bodies?

steve_bmw

1,591 posts

198 months

Friday 13th July 2012
quotequote all
Thats great news!

anonymous-user

77 months

Friday 13th July 2012
quotequote all
statement said:
TBodies with lawful authority to clamp and tow may continue to contract out this work to private companies.
So nothing is going to change apart from the Govt will raise some revenue?

Mikeyplum

1,646 posts

192 months

Friday 13th July 2012
quotequote all
yonex said:
So nothing is going to change apart from the Govt will raise some revenue?
Rather the Govt than some Key of the Pie variety...

Ari

19,764 posts

238 months

Friday 13th July 2012
quotequote all
Great news till you get back to your flat or office car park or whatever and find you can't park because its full of cars that shouldn't be there because there's now absolutely nothing you can do about it apart from install and maintain expensive barriers.

Fox-

13,541 posts

269 months

Friday 13th July 2012
quotequote all
This is not great news at all because snuck into the legislation banning wheelclamps is, I beleive, a nice little bit making those ridiculous invoices from private parking companies legally enforceable..

I do hope somebody can prove me wrong on that!

Mikeyplum

1,646 posts

192 months

Friday 13th July 2012
quotequote all
Fox- said:
This is not great news at all because snuck into the legislation banning wheelclamps is, I beleive, a nice little bit making those ridiculous invoices from private parking companies legally enforceable..

I do hope somebody can prove me wrong on that!
What so they can't clamp, but still "invoice"?

I thought they were already legally enforceable. By that I mean that, if they so wish, the private parking company could go through the small claims court to obtain a judgment on their £30 ticket and £75 costs (whatever it may be). They just chose note too, instead clamping the car, removing it to an impound and demanding silly amounts of money for its release.

Not a dig, genuinely intrigued... biggrin

VWAUDI

325 posts

180 months

Friday 13th July 2012
quotequote all
Will companies still be allowed to tow away cars on private land with this ruling in effect?

Will "tickets" issued on private land that can now be safely ignored become legally enforceable?

GroundEffect

13,864 posts

179 months

Friday 13th July 2012
quotequote all
Welcome to the 21st Century, England.

Pints

18,450 posts

217 months

Friday 13th July 2012
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Waiting for the first "Some bd parked on my drive and I can't get out" thread.

Carfiend

3,186 posts

232 months

Friday 13th July 2012
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Pints said:
Waiting for the first "Some bd parked in front of my drive and I can't get out" thread.
That was a good thread

mr_fibuli

1,109 posts

218 months

Friday 13th July 2012
quotequote all
I thought the deal was that they can now invoice the registered keeper, they don't have to find out who the driver was?

There are still lots of other grounds for either ignoring or challenging a parking invoice in court though, and much better to sort things out that way than be held to ransom by clampers.

EDLT

15,421 posts

229 months

Friday 13th July 2012
quotequote all
Pints said:
Waiting for the first "Some bd parked on my drive and I can't get out" thread.
How would clamping the car help them get out?

McHaggis

58,087 posts

178 months

Friday 13th July 2012
quotequote all
Problem is, I can't find any references to the statute or HOW they are going to implement this ban? Is it covered by current legislation and in the power of a minister - i.e. doesn't need any changes to an act?

Ari

19,764 posts

238 months

Friday 13th July 2012
quotequote all
EDLT said:
How would clamping the car help them get out?
How does putting people in prison cut crime? It doesn't stop them committing it.

Point is, its a deterrent to people doing it in the first place.

Tyrewrecker

6,419 posts

177 months

Friday 13th July 2012
quotequote all
Lots of places in Scotland also have a sign up saying they will clamp despite it being supposedly illegal...