Jersey banning clamping (criticism of England & Wales approach)

Coupon-mad · 19 November 2009 at 1:52PM

I was trawling for info about wheel clamping and found that in Jersey they are in the process of banning wheel clamping altogether. :T

This whole document made interesting reading, with decent, intelligent information & consideration (unlike the E&W consultation recently):

http://www.statesassembly.gov.je/documents/propositions/38712-45276-2292009.pdf

It also criticises the approach in E & W. It's nothing eath-shattering, just a common-sense approach by Jersey IMHO. I wonder if anything said in the link above could be useful in lobbying Parliament BEFORE they press ahead with any legislation (as mentioned in the Queen's speech I believe)?

There was also this but I am not sure that Jersey have actually completed this amendment yet. Looks as though it has the backing needed though:

http://www.gov.je/StatesGreffe/MinisterialDecision/HomeAffairs/2009/mdha20090091.htm?printfriendly=true

What can we do now in E & W, just lobby our MP?

P.S. I liked the heading they used for their document: “A long habit of not thinking a thing wrong gives it a superficial appearance of being right.” Common Sense, Thomas Paine (1737-1809)

trisontana · 19 November 2009 at 6:53PM

Two good quotes from the above:-

When a person parks his car without permission on land occupied by another he commits the tort of trespass. Trespass is a civil wrong which is actionable in itself and entitles the occupier of the land to damages. The wheel clamping service amounts to a suggestion that the occupier or his agent may take the law into their own hands and exact damages of their choosing from the trespasser.

And:-

If wheel clamping were to become a criminal offence as suggested by this Proposition, then the occupiers of land could still use agents to issue civil penalty notices making a claim for damages for the trespass. There could then be a trial before the Petty Debts Court, which could be subject to appeal to the Royal Court, and the principles of Law together with the appropriate level of damages to be claimed could thus be clarified.

Furthermore, it would be possible for the Home Affairs Minister, after consultation with judges, to issue a Code of Practice for people issuing civil penalties which would provide some regulation thereof. In particular, any business which failed to comply with the Code of Practice could be denied access to the registration details of motor vehicles, thus making their task impossible.

The "level of damages" phrase is very relevant. It would be interesting for a judge to rule what the actual loss a land owner has suffered if you park in somewhere like a free car park.

James_N · 19 November 2009 at 8:13PM

Coupon-mad wrote: »

I was trawling for info about wheel clamping and found that in Jersey they are in the process of banning wheel clamping altogether. :T

This whole document made interesting reading, with decent, intelligent information & consideration (unlike the E&W consultation recently):

http://www.statesassembly.gov.je/documents/propositions/38712-45276-2292009.pdf

Very many thanks to the OP. I recommend anyone interested (including the trolls and scammers reading this public forum) to read this bit of GOOD SENSe, and work towards similar in England and Wales

Jersey banning clamping (criticism of England & Wales approach)

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