Clamped In Shopping Centre Car Park - Is This Legal??

allybally273

Hi

I was clamped in a shopping centre car park which is privately owned for having an out of date tax disc ( I know this was my error but didn't realise as hadn't received the document from DVLA).

Are the NCP Ltd allowed to clamp a car in a privately owned car park??

Help

peter_the_piper

Not for that reason. Unfortunately in England/Wales private clamping is still legal. Scan/photo any paperwork given and post using tinypic. See stickies for howto.

sarahg1969

Hang on. It's the 3rd of the month. If you had renewed online, you could quite legitimately be driving without a tax disc!

How did you pay?

Gordon861

You will probably find in the Terms & Conditions of that car park that they claim the right to clamp and vehicle parked illegally. They also probably state that any vehicle parked in their car park must be roadworthy and legal to drive on UK roads, which without the tax disc it isn't.

I know some councils will ticket cars left on their land that have no road tax or are otherwise unroadworthy.

So this makes a nice little earner for the clamping company.

Extra Note
The old 14 days grace that you used to get for not having your Road Tax due to it being in the post etc, is no longer officially in effect and you can be prosecuted on day 1 if you get a jobsworth stop you.

The no receipt of renewal notice doesn't work as a defence either, I got fined for 3 months of no tax last year after not getting the notice, but that was by the DVLA not a private company.

sarahg1969

Gordon861 wrote: »

You will probably find in the Terms & Conditions of that car park that they claim the right to clamp and vehicle parked illegally. They also probably state that any vehicle parked in their car park must be roadworthy and legal to drive on UK roads, which without the tax disc it isn't.

I know some councils will ticket cars left on their land that have no road tax or are otherwise unroadworthy.

So this makes a nice little earner for the clamping company.

Extra Note
The old 14 days grace that you used to get for not having your Road Tax due to it being in the post etc, is no longer officially in effect and you can be prosecuted on day 1 if you get a jobsworth stop you.

The no receipt of renewal notice doesn't work as a defence either, I got fined for 3 months of no tax last year after not getting the notice, but that was by the DVLA not a private company.

However, if you renew online before the disc runs out, you DO have five days' grace. So the fact that it had no tax disc did not necessarily mean it was not road legal. The disc could have been in the post.

MrsTinks

sarahg1969 wrote: »

However, if you renew online before the disc runs out, you DO have five days' grace. So the fact that it had no tax disc did not necessarily mean it was not road legal. The disc could have been in the post.

Hmmmm don't think you do as the offence is "failing to display a valid tax certificate" usually. There is another which is failing to tax or declare your vehicle SORN but i think the original "offence" is failing to display

sarahg1969

MrsTine wrote: »

Hmmmm don't think you do as the offence is "failing to display a valid tax certificate" usually. There is another which is failing to tax or declare your vehicle SORN but i think the original "offence" is failing to display

Yes, you do. It's on the DVLA website.

http://www.dvla.gov.uk/pressoffice/pressreleases/280808_09.aspx

peter_the_piper

As only the Police and authorised DVLA agents can say you have committed an "Offence" its immaterial what NCP call it, they are not entitled to clamp or anything else. Their terms and conditions cannot legally say they can clamp you for out of date VEL or failing to display. Its just as valid to put "Not wearing red socks" and clamp you for this. Its just a way of scaring you into paying them. I think Pepipoo have had something like this before, check them out--if not post there for a more legal approach.

Gordon861

sarahg1969 wrote: »

Yes, you do. It's on the DVLA website.

http://www.dvla.gov.uk/pressoffice/pressreleases/280808_09.aspx

Thanks for that link, I knew they had removed the old '14 days grace' but wasn't aware they had actually put a new official '5 day grace' period into effect.

I always used to carry the renewal paperwork showing that I had paid online and was just waiting for it to arrive in the post in the hope that the cop would give me 7 days to produce the actual disc if stopped.

allybally273

Thanks to all for your help.

My car was parked in a legitimate space within the shopping centre in Edinburgh (not sure if Scottish law is different).
NCT have won a contract with DVLA to clamp vehicles who are 'offending'. The lady I spoke to today says from 1st October 2008 they are 'legally' allowed to clamp cars on private roads which include car parks owned by someone else, although not convinced.
Anyone know of this??

peter_the_piper

I suggest this is an instance when you need much more sage advice. Unless Neill or Sarah can help then you should go to pepipoo who have legally trained people and also some who know about Scots law.