clamping

[geoffrey]

I thought clamping on private property had been outlawed but someone I know got clamped when they slightly overstayed their 2 hours iin a near empty motorway service station area car park in the middle of the night. They had to pay a total of £325 to get their car released but they have been told that though the car park was privately operated and the clampers a private company, this was a legal loophole. Is that correct?

[des8]

Re: clamping

Be interesting to know what grounds are stated for this "legal loophole".
There are circumstances where clamps are used by privateers working for official agencies.
I wonder about the exact circumstances of this incident, as so often on this forum we only get part of he story, and quite frankly this has the appearance of an urban myth.
CAB site has a fairly good summary of the position: http://www.adviceguide.org.uk/wales/...towed_away.htm

[Johnboy007]

Re: clamping

This from a site called "ASK THE POLICE". https://www.askthe.police.uk/content/Q528.htm
Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities.
Privately owned land includes car parks, such as those at retail parks, whether or not there a fee is payable in order to park there (not local authority run car parks).
To commit this offence a person must intend to prevent the owner/driver from moving their vehicle. Therefore, clamping your own car to prevent theft would not be an offence. No offence would be committed where a driver was prevented from leaving a car park because the vehicle's exit was blocked by a fixed barrier.
Public highways
Clamping of a vehicle on a public highway can only be done by public bodies, namely; a local authority, the police or the DVLA. Normally vehicles are only clamped on a public highway if the vehicle has no excise licence, parked in no waiting or other restricted area (eg permit holders only).

So I would suggest, your friend asks for his money back, plus expense occurred.
If he doesn't get it refunded. Use 'Money Claim On-line' https://www.gov.uk/make-money-claim-online
This is an online method of making a court claim for your loss (your friend's loss)

[geoffrey]

Re: clamping

It is certainly not an urban myth. It is quite straightforward, a car was clamped in a motorway service area public car park that is operated by a private company and the car owner has been informed that this is legal on a motorway service area car park.

[Johnboy007]

Re: clamping

It is certainly not an urban myth. It is quite straightforward, a car was clamped in a motorway service area public car park that is operated by a private company and the car owner has been informed that this is legal on a motorway service area car park.

Unless there is lawful authority present, all clamping and removal will be illegal after 1st October 2012

As already stated, it is unlawful to clamp a car on private land, unless the person clamping it has lawful authority.
‘Lawful authority’ applies in cases where specific legislation is in force which allows for vehicles to be immobilised or removed. There are obvious examples such as the public roads, where Road Traffic Regulations could apply, and those statutory authorities that retain the ability to clamp such as the police and DVLA (and their agents).
However, there are also parking areas where particular by-laws have been created that provide for parking enforcement. A good example of this is some railway station car parks. Under the Railways Act 2005, the Secretary of State made Railway by-laws which allow for vehicles to be immobilised or removed in certain circumstances.
There are many other organisations and public bodies which can establish ‘lawful authority’ through Acts of Parliament and local by-laws and these include airports, ports and harbours, strategic river crossings as well as some common land. Any terms and conditions imposed by a landowner do not normally in themselves establish lawful authority.

Your friend should claim his money back plus costs on the https://www.gov.uk/make-money-claim-online
He could also make a complaint to the police, as it was a criminal offence to clamp his car.