Clamping cars on private property?

[RootsBooster]

I remember they were talking about banning clamping on private land, i could do with knowing some facts about this as i can't find muchon google (other than tabloid articles and speculation/debate).

 

Does anyone know if it is illegal now? or can i put a wheel clamp on a car that parked on my driveway or even in my customer parking spaces at work?

Not talking about using a big company or cowboys, just mean a private wheel clamp kept on-site for extreme circumstances.

 

Help much appreciated thanks

[Ade65]

On your driveway, not sure. Personal driveway at home? - if so and your blocked in you can get the car moved.

 

Customer parking spaces - I'm sure Trading Standards in Sheffield have issued advice several times on this, to people who have been clamped; to successfully claim a fee from the car owner, you have to show that you've suffered a loss (i.e. the onus would be on you to prove that their car being there stopped another customer from visiting your business and making a purchase).

 

Hope that's of some help.

[Steve70]

Its now illegal to clamp some one elses car even if its on your land.

 

You can try to fine them if you suffer a financial lose but you have to pursue it through a small claims court !!

[Allen]

Its now illegal to clamp some one elses car even if its on your land.

 

You can try to fine them if you suffer a financial lose but you have to pursue it through a small claims court !!

Can you point me in the right direction to confirm this?

 

Somehow, it doesn't ring true.

 

My Dad lives in a private block of flats. Residents pay for parking permits for themselves plus visitors cars.

Anyone parking without the parking permit displayed are clamped and a release fee payable.

 

I have no problem with that (the anual fee for parking isn't extravagant).

 

I'm just asking for clarification of your comments I've highlighted in bold.

[Rupert_Baehr]

Its now illegal to clamp some one elses car even if its on your land.

 

You can try to fine them if you suffer a financial lose but you have to pursue it through a small claims court !!

 

'Fines' are penalties awarded by courts as remedies for breaches of criminal law. 'trespass' (other than Criminal Trespass, a limited criminal offence) gives rise to an action under civil law. 'Fines' are not a remedy.

 

Should you attempt to 'fine' somebody for trespassing on your land, then you might possible render yourself liable to a charge of assault (look it up) and should you attempt to restrain him, you could also lay yourself open to an action for assault (under Tort ) and wrongful arrest.

 

If it's your land. then there would (of course) be nothing to stop you from laying tree trunks across it, or laying barberd wire (Doesn't half bugger up tyres) or other 'garden ornaments' (Broken glass can make a garden look really pretty when the light shines on it from the right angle.) - Chacûn a son Goût (or so they say.)

 

A friend of mine had some land which had been infested by travellers who appeared to have stopped travelling. He was told it would take 3 days to get a Court Order requiring them to vacate his premises and until those 3 days had expired, nobody could move them.

 

My friend was a very law-abiding citizen and he realised that not only was he restrained from moving the travellers on, but so was everybody else.

 

Being mindful of the law and being mindful that the local community might try to invade the field occupied by the travellers, he placed a few felled trees (weighing a couple of tons apiece) across the only entrance/exit to the land.

 

Then he went about his lawful occasion. He is a farmer and he is entitled to carry out agricultural enterprises upon his land. That entitlement includes (but is not limited to) ordinary fertilisation of the land.

 

He owned pigs and he owned cows. The fertiliser he ordinarily used was a mixture of well-rottted pig and cow poop. Applied through a high-speed flail fed by a pump to the honey cart. The fertiliser output is a sort of 'green mist' (one you don't want to go anywhere near.)

 

Most people would want to be elsewhere.

 

But there were trees preventing others entering his land.

 

He was carrying out ordinary agricultural prartices, so the charges didn't stick.

 

Unlike the well-rotted fertiliser.

 

Can you point me in the right direction to confirm this?

 

Somehow, it doesn't ring true.

 

My Dad lives in a private block of flats. Residents pay for parking permits for themselves plus visitors cars.

Anyone parking without the parking permit displayed are clamped and a release fee payable.

 

I have no problem with that (the anual fee for parking isn't extravagant).

 

I'm just asking for clarification of your comments I've highlighted in bold.

 

It's called 'unlawful arrest' and it gives rise to an action in civil law.

[foxy lady]

I remember they were talking about banning clamping on private land, i could do with knowing some facts about this as i can't find muchon google (other than tabloid articles and speculation/debate).

 

Does anyone know if it is illegal now? or can i put a wheel clamp on a car that parked on my driveway or even in my customer parking spaces at work?

Not talking about using a big company or cowboys, just mean a private wheel clamp kept on-site for extreme circumstances.

 

Help much appreciated thanks

 

It has been illegal for years unless you were a licensed clamper.

[RootsBooster]

Being mindful of the law and being mindful that the local community might try to invade the field occupied by the travellers, he placed a few felled trees (weighing a couple of tons apiece) across the only entrance/exit to the land.

 

Then he went about his lawful occasion. He is a farmer and he is entitled to carry out agricultural enterprises upon his land. That entitlement includes (but is not limited to) ordinary fertilisation of the land.

 

He owned pigs and he owned cows. The fertiliser he ordinarily used was a mixture of well-rottted pig and cow poop. Applied through a high-speed flail fed by a pump to the honey cart. The fertiliser output is a sort of 'green mist' (one you don't want to go anywhere near.)

 

BWAHAHAHAHA! excellent! :D:D

 

I have toyed with the idea of blocking offenders in before, which seems to be the least legally offensive remedy on private land. In the past i have moved vehicles myself by jacking up the rear wheels and pushing them out of the way, never got to see the look of confusion on the owner's faces though as they always seem to return when i've gone home.

 

Thanks for the advice guys

[RootsBooster]

oh and i'm aware the moving of another person's car probably counts as TWOC (taking without consent) but i've never caused any damage and only moved the vehicles a few metres.