Gov annnouncements wrt clamping, etc - new bill

BFG_2

wuckfit wrote: »

In your example above, if you own the land, you could put barriers up to prevent people parking, for example.

Yeah, but how do you then let your customers use it.

WHy should you have to put up barriers - expense and delays you every time you want to use it.

Signs and clamps typically sorts out parking issues - if used properly.

Clamping firms are usually scum but the landowner does have a need to be able to protect their land...otherwise people could park on your drive and you'd be powerless to stop them [since blocking is the same as clamping].

BFG_2

trisontana wrote: »

The chief law officer on the island of Jersey is also anti-clamping:-

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.

Helped by the fact that it's difficult to clamp a horse..although I believe that they now have a few cars in Jersey [Bergerac had one!]

Coupon-mad

Yes, IMHO the whole approach of the States of Jersey to this issue is like a breath of fresh air, and just as relevant to quote at MPs as the Scotland scenario.

Jersey's example is current legislation and is described in a thread I started here:

http://forums.moneysavingexpert.com/showthread.html?t=2090237

The linked info is well worth spending 20 minutes reading & digesting, they have such a common-sense approach to the crime of clamping.

To the average man in the street I'd suggest that clampingon private land is considered tantamount to a criminal offence - Jersey are simply confirming that it will be:

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

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

Is the Bill mentioned by BFG likely to get through before the next General Election? I am not very politically-minded so don't know whether the Bill is all 'hot air' or is likely to be pressed through?

If not then presumably we have plenty of time to lobby MPs and the Home Office Minister (and the Shadow Ministers as appropriate). Why not send them a copy of the sensible approach that Jersey are taking - and mention Scotland as well?

Why didn't we know about the 12 week 'public consultation? I bet it was flawed, probably had leading questions like 'do you agree that Clamping needs further regulation?' Most people would have said yes to that, if not given an alternative...

wuckfit

BFG wrote: »

Yeah, but how do you then let your customers use it.

WHy should you have to put up barriers - expense and delays you every time you want to use it.

Signs and clamps typically sorts out parking issues - if used properly.

Clamping firms are usually scum but the landowner does have a need to be able to protect their land...otherwise people could park on your drive and you'd be powerless to stop them [since blocking is the same as clamping].

Personally I think the answer to the problem would be to employ someone to monitor the car-park, issue charged tickets that are refundable in store (subject to purchases over a certain value.)

However, secretly I think that the solution would be to scour the auctions to buy an ex-council recovery truck ( the kind used for lifting vehicles with the harness) and pay someone to remove unauthorised vehicles, leaving them on the nearest set of double-yellows

BFG_2

wuckfit wrote: »

However, secretly I think that the solution would be to scour the auctions to buy an ex-council recovery truck ( the kind used for lifting vehicles with the harness) and pay someone to remove unauthorised vehicles, leaving them on the nearest set of double-yellows

I love it!!!!!!!

usignuolo

I am very keen on the idea of an independent Tribunal/Appeals procedure for clamping. It would be overwhelmed by demand plus of course the cowboys would not turn up and the police would continue to sit on their hands. This would show up exactly how dire the present arrangements re clamping are and will not be solved by authorising the BPA/SIA to issue codes of practice.

trisontana

usignuolo wrote: »

I am very keen on the idea of an independent Tribunal/Appeals procedure for clamping. It would be overwhelmed by demand plus of course the cowboys would not turn up and the police would continue to sit on their hands. This would show up exactly how dire the present arrangements re clamping are and will not be solved by authorising the BPA/SIA to issue codes of practice.

Of course it would also be a good idea to have the same sort of procedure for private parking tickets that do not entail clamping. At the moment, if you "appeal" it just goes to the private company, they have a good laugh about it and reject it out-of-hand.

Triumph1000

Nothing to do with the Govt ban thread but I got clamped on the 24th of Sept.:eek::eek: My car was SORN`d AND parked off road on an unadopted residential estate road where I live. The clamper`s were acting on behalf of the DVLA. They wanted £160 for its removal, or £320 if not paid within 24 hrs. I thought I had laid my car up legally!! I removed the clamp because they obviously did not do the checks to ascertain the status of my car! I also rang the DVLA and asked them where I stood legally, they said the clamper's would "probably" have to remove it! They left the clamp soooo loose you could remove the wheel, which I did, and dropped the suspension to allow the removal of the clamp!!!!:j:j:D Bloody incompetent idiots.:rotfl::rotfl::rotfl:I`ve got 2 questions, 1. Can I charge for its storage as I still have it? If so how much. 2. Can I demand £160, or £320 if outside 24 hrs, for its safe return? I would like to know, as we are all having our chains pulled by these thieving firms on a daily basis.

peter_the_piper

I don't know what others might say but you could be in the do do removing an official clamp, albeit improperly put on. I suggest you get it in writing from dvla about being ok off the road and forget the idea of charging for storage. Annoying I know but this is one of the times its not a good idea to remove a clamp.
edit. Suggest you ask mods to start your own thread for this. Its easier for others to help you.

jkdd77

The law says:

http://www.opsi.gov.uk/SI/si1996/Uksi_19960107_en_3.htm#mdiv8
Any person who, without being authorised to do so in accordance with paragraph (1), removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations is guilty of an offence.

If it was unlawfully applied without cause, then, by definition,it was not fitted "in accordance with the Regulations", at least in my view, and no offence is commited if it is removed without damaging it.