Wheel Clamping: Is it Legal?

@ Paula the decision by the High Court of Justiciary Appeal in the case of Carmichael v. Black heard by the Lord Justice-General (Lord Hope), Lords Allanbridge and Cowie regarding wheel clamping being a form of extortion still stands. This is with regard to private land, public land is regulated by parking regulations laid out by the Scottish Government.

Can anyone please advise if the previous comment regarding Scotland and clamping that is it still illegal when it is employees illegally parking on the business land?

It makes a big difference, Scottish Courts ruled almost 20 years ago that wheel clamping was illegal on public and private land.
There where two reasons for that; the first was that in demanding a fee, the "clamper" was committing extortion and therefore was acting illegally. Secondly, even if no fee was requested, depriving the "offender" of free access to their goods, e.g. their car, was a greater harm than the illegal parking.

who monitors SIA. if clampers have to be registered with SIA who call themselves an authority, who actually regulates SIA???

ITS ALL A MONEY MAKING SCHEME. you can challenge them and get no where because they never want to be wrong and just want to collect your money illegally

This post has been removed because it contravened our guidelines.

This post has been removed because it contravened our guidelines.

This is an 8 year thread! Whats the record, does anyone know?

Depends on what the notices say where you parked. Go back - if you can - and read the notices.

Also go to this site which has good help and info on wheel clamping
http://www.pepipoo.com/

is thier a time limt from a parking ticket then a wheel clamp being put on

This post has been removed because it contravened our guidelines.

This post has been removed because it contravened our guidelines.

This post has been removed because it contravened our guidelines.

Barry, this is the information on the Home Office website and CLEARLY explains what the situation will be. No one will be allowed to clamp on private land even if they are not charging a fee once the law is passed in November.

"The ban will apply to private land only. It will not change existing traffic enforcement by local authorities and police on highways.

The ban will also apply to towing away and all other forms of vehicle immobilisation. Once implemented, anyone who clamps (or otherwise immobilises) a vehicle or tows it away on private land without specific legal authority to do so will face criminal proceedings or civil sanctions.

There will be very limited circumstances in which legal authority to remove vehicles will remain. The Driver and Vehicle Licensing Authority (DVLA) will retain the legal authority to clamp or tow away vehicles as part of its work in combating evasion of Vehicle Excise Duty. The Vehicle and Operator Services Authority has similar powers to prevent the use of un-roadworthy vehicles on the road.

The SIA currently licences any individual in England and Wales involved in immobilising vehicles on private land with a view to charging a release fee. It also requires the licensing of anyone involved in blocking in or towing away vehicles for the same purpose, and of those who collect the fee. This activity will cease once the ban is in place."

I hope that has brought clarity.

Don - I would suggest you taking this issue over to pepipoo.com where you will get some expert opinions on how to take your issue forward. Start your own thread but first of all have a look to see if there is any threads on this company.

It is not just the clamping company that you would take action against but the agent/landowner who contracted them who are jointly liable.

Carol

That would be in the future currently the SIA website indicates that clamping without a fee is OK

Barry

Carol

That would be in the future currently the SIA website indicates that clamping without a fee is OK

Barry

One would suspect that automatic barrier manufacturers have far higher sales in Scotland. With modern technology they would be no inconvenience at all, a car mounted sensor would activate the barrier - simple. In the car park I use at work, I buy an annual permit, but there is also a pay and display machine. This could be upgraded to a pay before you leave machine like they use at all the airports and shopping centres (where they have the cheek to charge), so they would still get their casual user business for spaces not sold annually.

I cannot help feeling that this system, if it had been adopted by mean owners many years ago, would have made their lives much easier than having to be placed in the same category as the clampers, just because they have subbed out the dirty work to the likes of Citywatch.

For those of you who have been here since my original post some long time ago, despite frequent and increasingly threatening letters to the landlord and Citywatch, who have apparently agreed to make a refund, there is no cash forthcoming and no replies to the mail.

If I go to the County Court, do I sue the Landlord with whom I have a contract/lease or do I sue Citywatch who are effectively their agents and the people to whom I paid the £100.

A friend has suggested checking to see how many CCJ's Citywatch already have against them, as if there are lots, then i am just wasting my time. As they presumably don't need to take credit from suppliers, they could be piling up CCJ's like crazy and not give a hoot about their credit rating.

Any comments from the legal side would be welcomed

Barry it would seem to me that in any event a licence would still be required. My understanding is that IF a law is passed to make it illegal to clamp in England and Wales the necessity to hold a licence for this type of work would then also disappear. I cannot believe that the SIA will then stand by and allow any tom, dick or harry to start clamping cars on private land as and when they feel like it without there being any legislation to control this. After all this is what they are now trying to control. You could end up with people waiting days for their cars to be released - if at all - just to "teach" people a lesson! It would be giving the cowboys free range and I am sure they would find some financial inducement to make it worth their while.

As I have said before Scottish land owners have been forced to deal with this problem for 20 years with out the use of a clamp - how are they managing?

It seems unfathomable to me that while farmers are allowed to shoot rats... us townies are retricted from using the same measures against clamping vermin.

The only reason that clampers exist... is because it is illegal to shoot them...

However, in some cases it might be worth it!

Joanne,
It makes a big difference, Scottish Courts ruled almost 20 years ago that wheel clamping was illegal on public and private land.
There where two reasons for that; the first was that in demanding a fee, the "clamper" was committing extortion and therefore was acting illegally. Secondly, even if no fee was requested, depriving the "offender" of free access to their goods, e.g. their car, was a greater harm than the illegal parking.

Carole

I checked with the SIA website and it seems you only need a licence if you make a charge for the release of the vehicle, if we were to clamp and release when requested no licence would be required.
Now I am even more confused.

Barry

As I said check with the SIA for clarification.

meant to say - sorry - ths is in scotland - does that make a difference?

thank you - helps loads

Joanne - anyone who clamps a car has to be licensed under SIA Regulations and must wear and show their badge at all times.

The Private Security Industry Act 2001 (Licences) Regulations 2007

(1) Subject to the following provisions of this Act, it shall be an offence for a person to engage in any licensable conduct except under and in accordance with a licence.

As you know there has recently been an announcement that the government intend to make it illegal to clamp vehicles in England and Wales it is already so in Scotland. My understanding is that even if a charge is made or not a licence is still required. I would check with the SIA for clarification.

at the present it is still legal to clamp on private land in england and wales.......Recently i was clamped and asked to pay £210 for a release when i refused they sent a lorry and then asked for £350 as the lorry was called to attend. I called the police and when they turned up they threatened to arrest me for a public order offence and so i had to pay absolutely disgusting......This happened in lewisham london. When i complained to the chief super intendant he told me his officers acted according to their training and it was a civil dispute..... what a joke