Comments by David Ezekiel

David Ezekiel
Member - 3 posts

The Legal Standing For Parking Enforcement


Wheel Clamping

Wheel clamping is completely legal in England and Wales.

Until the Court of Appeal's landmark judgment in ARTHUR v ANKER no one was quite sure what English law had to say about the clamping of vehicles on private land.

This case stated the requirements for wheel clamping.

Wheelclamping signs must be in place stating that the owner is giving consent for vehicles to be clamped if illegally parked
The amount must be clearly stated on the sign board.
There must be clear arrangements for release of the vehicle, for example listing a telephone number
Wheelclamping in Scotland is completely illegal .

Removal

Removal is completely legal as long as the signage follows the above guidelines, and gives the company the authority to remove the vehicle.

Penalty Charge Notice

Civil Parking tickets are now a recogised measure to reduce illegal parking. The DVLA allows parking enforcement companies such as our selves to apply for the details of the registered keeper of the vehicle.

The law on fees is not clear in 1997 it was £105 was clear as a reasonable fee.
But I know companies that have argued £150 due to the increase in property prices.
One issue which licencing has not resolved is the issue of disable parking as many people use these badges illegally.And on many sites there are people now illegally parking onsite as they know that they cannot be lifted when a disable badge diplayed.
I am not supporting wheel camping or removal for valid disabled badge users. But in some areas there are a huge number of stolen badges in use. Plus people see it as a minor offense to use someoneelses disabled badge.
P.S I work for a parking enforcment company and involved in the training for Wheel clampers.
www.parkingprotectionservices.co.uk
David@Parkingprotectionservices.co.uk