MSE News: Wheel clamping to be banned on private land

Bashy

liam8282 wrote: »

You are blocking access, as you are blocking the vehicle from exiting, so then it is the landowner that will be punished and the council could be called to remove the chain or barriers.

Please explane this statement, Because i see it as you can use a chain to blocks your land access (private land) so if you leave the chain down and someone tries to park there you didnt want, So you put the chain back up, But no cant do this as its blocking the vechicle from exiting.. yes.

But thats only the same as what a clamp does stop the vehicle from exiting, But the land owner dont go punished and you cant get the council to remove it.

So why not a chain

liam8282

bigturnip

Pay & Display car parks won't become free at all. You will be entering a legal contract if you choose to park in one of these.

I don't know the answer to your other ideas.

But it does seem very similar to clamping, except you are using a chain and padlock as a way to get the fee.

But if you have changed the parking space into one that requires payment, and has all of the features of a pay & display car park, then I can't see the problem.

Except maybe the obvious that if you are sole trader in a business, you will have to decide if you want to run your business, or protect your parking space.

liam8282

Bashy wrote: »

Please explane this statement, Because i see it as you can use a chain to blocks your land access (private land) so if you leave the chain down and someone tries to park there you didnt want, So you put the chain back up, But no cant do this as its blocking the vechicle from exiting.. yes.

But thats only the same as what a clamp does stop the vehicle from exiting, But the land owner dont go punished and you cant get the council to remove it.

So why not a chain

It was the same as when an earlier poster said buy a banger, block the car in.

You are legally not allowed to block a car in, with a chain, a banger, a ton of potatoes..... The offending blockage will be removed, be that by the council or whoever.

I also believe it is an offence to block a car in on purpose, so you would probably end up in court too???

Bashy

liam8282 wrote: »

It was the same as when an earlier poster said buy a banger, block the car in.

You are legally not allowed to block a car in, with a chain, a banger, a ton of potatoes..... The offending blockage will be removed, be that by the council or whoever.

I also believe it is an offence to block a car in on purpose, so you would probably end up in court too???

You can block a car in now with a clamp whats the difference

Coblcris

Why not take a trip to Scotland while the weather is still pleasant there and observe first hand rather than run various thought experiments.

Bashy

How about these:
http://www.parkingfacilities.co.uk/PF5800TrafficFlowControlPlates.htm

and this to get out

http://www.parkingfacilities.co.uk/PF8000AutomaticRisingKerb.htm

Then for the exit you have to the drop down type or any other why which would work better for you, you might need a code a key etc etc.

Only trying to help here nothing more

bigturnip

liam8282 wrote: »

You are legally not allowed to block a car in, with a chain, a banger, a ton of potatoes..... The offending blockage will be removed, be that by the council or whoever.

This is what I am trying to get my head around, if these are illegal why is it not illegal for a car park where you have to pay to exit to block you in with a barrier?

TheBogsDollocks

Private landowners need not fear the end of clamping. If a landowner has a public use car park that they want regulated and enforced or whether a private business wants to protect a car park for staff and clients use then this is possible as it can easily be achieved under current legislation if the owners liase with their local council. Section 33(4)(b) of the RTRA 1984 enables a local authority to regulate and enforce private land.

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=the+road+traffic+regulation+act+1984&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2223862&ActiveTextDocId=2223916&filesize=3708

All that needs be done is that the landowner agrees terms with the council (similar to what they would with a PPC) and that the private land is then regulated by a traffic order. The landowner can then relax knowing that any parking contravention can be legally enforced while any motorist will know that they have access to an appeal system that includes access to an an independent adjudicator.

Such regulation on private land is very simple but not many landowners are aware of this option.

TheBogsDollocks

liam8282 wrote: »

Which is my point, they call clampers scum, but then suggest a solution which is illegal?

Yes, I will go buy a banger for £100. It is not registered, not insured, not taxed. Completely untraceable back to me. Brilliant idea.

I might even set up a firm, instead of clamping, I will call it banger blocking in, come rent my banger off me to stop those nuisance people abusing your private parking spaces, doesn't quite have the same ring to it though. :rotfl:

Just for clarification, any person who thinks that the "banger" method is workable will be disappointed. A council will have the authority to remove the vehicle by virtue of s.99(1)(c) RTRA 1984

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=the+road+traffic+regulation+act+1984&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2223862&ActiveTextDocId=2224004&filesize=11962

The regulations are known as "The Removal and Disposal of Vehicles Regulations 1986" and the council will be able to charge for removal and storgae if they trace the owner or otherwise they will dispose of the "banger".

Liam if you have a car park area then talk to your local councillor and try and get the council to agree to regulating it or at least give the appearance that it is regulated and enforceable.

ashleypride

This is great news, and long overdue. I symphatise with anyone with parking problems but legal extortion was never the answer.