xmas day parking

Kilty_2

27col wrote: »

Does any knowledgeable poster out there know exactly what the position in law is, about removing of clamps by aggrieved motorists. It seems to me that carrying a pair of bolt cutters around in the car would be quite a cheap solution to the problem. What, exactly are the implications of cutting off a clamp.
I am not quite sure how starting an anti-clamping thread would help to eliminate the clamping menace. It is obvious that they will continue to clamp regardless of any control regulations, unless someone can win a court case against them. Which appears to have been the case in Scotland.

Removing clamps damaging the clamp in the process can be criminal damage I think although they'd need to prove who removed it...

Wear gloves.:rotfl::rotfl:

Is clamping illegal in Scotland? I'm sure I've seen notices in car parks saying clamping is in operation :eek:

[Deleted User]

I know someone who removed a clamp with some big bolt cutters then he put it in his boot and drove off with it. Think he put it in his wheelie bin in the end.

BFG_2

Kilty wrote: »

Is clamping illegal in Scotland? I'm sure I've seen notices in car parks saying clamping is in operation :eek:

In France mant wheelclamps were superglued, which meant that the clamping firm had to cut them off the motorists cars [since it's illegal to leave them on once the punter has paid]!!!!

Wrt Scotland, I'm not sure but it may be that it's the 'demanding of monies for release' that is 'extortion', not the actual clamping. Or else it's a scare tactic...

In E&W you need to be SIA registered to clamp and charge for release, but AFAICR you can clamp on your own land without being reg'ed as long as you don't charge for release??

Doubtless an expert will correct my mistakes soon..please.

peter_the_piper

I would assume that clamping for money is banned in Scotland. Maybe if you were clamped as a deterrent and no charge was levied for release then its not classed as extortion, just a major inconvenience. (I don't know the Scots law so its just my take on it.)

trisontana

peter_the_piper wrote: »

I would assume that clamping for money is banned in Scotland. Maybe if you were clamped as a deterrent and no charge was levied for release then its not classed as extortion, just a major inconvenience. (I don't know the Scots law so its just my take on it.)

This is what the RAC has to say:-
In Scotland, in 1992 wheel-clamping on private land was banned overnight, as it was declared to be extortion and theft.


Note that word "theft" which implies that even if you do not charge a release fee you are depriving the owner the use of his car, and so are breaking the law.

Edit.

This from the proposed legislation in Jersey:-

In the leading Scots law case on wheel clamping, Black v. Carmichael (1992 SCCR
709), the wheel clampers were held to have been guilty of theft, since an intention to
deprive the owner permanently is not a necessary ingredient of the offence of theft in
Scots law. This Scots law case would be persuasive authority for the Jersey Royal
Court.

and :-


Wheel clamping is an arbitrary punishment imposed by a private organisation without due legal process or a right of appeal. The law does not permit one person to punish another. Punishment is a right reserved to the State.

27col

Interesting set of posts folks. But no-one has actually answered the question. What is the legal position of someone who removes a clamp themselves. I ask, because I noticed that bolt cutters are quite cheap to buy.

peter_the_piper

Private clamps.
Technically unlawful to cut them off but as the BIB are not interested in the clampers (civil matter) they generally seem to ignore this. Unless there are witnesses, who's to say who cut it off. Leave the bits and you can't be accused of theft. Could be classed as criminal damage but of such a minor thing its almost wasting the polices time to report it.
Check pepipoo.com and they will likely be able to give you a legal answer.

peter_the_piper

trisontana wrote: »

This is what the RAC has to say:-
In Scotland, in 1992 wheel-clamping on private land was banned overnight, as it was declared to be extortion and theft.


Note that word "theft" which implies that even if you do not charge a release fee you are depriving the owner the use of his car, and so are breaking the law.

Edit.

This from the proposed legislation in Jersey:-

In the leading Scots law case on wheel clamping, Black v. Carmichael (1992 SCCR
709), the wheel clampers were held to have been guilty of theft, since an intention to
deprive the owner permanently is not a necessary ingredient of the offence of theft in
Scots law. This Scots law case would be persuasive authority for the Jersey Royal
Court.

and :-


Wheel clamping is an arbitrary punishment imposed by a private organisation without due legal process or a right of appeal. The law does not permit one person to punish another. Punishment is a right reserved to the State.

Worth looking at this:- http://forums.pepipoo.com/index.php?showtopic=47516

trisontana

peter_the_piper wrote: »

Worth looking at this:- http://forums.pepipoo.com/index.php?showtopic=47516

That refers to clamping by the Scottish equivalent of properly appointed court bailiffs. Private clamping is still illegal in Scotland.

Coblcris

If you have the right to park and are clamped the clamp may be cut off - self-help..