Clamping a disabled drivers vehicle?

kevanf1

Quick questions A disabled person displays a valid blue disabled parking badge perfectly legally and above board in their vehicle. Am I correct in thinking that vehicle cannot, in any circumstances, be clamped? Or are there exceptions?

With apologies if this has been discussed, I did search...

Thank you.

Kevan

ps. no it has not happened to me but I would like to know for peace of mind as I have a legitimate blue disabled person's parking permit.

pogofish

Is this in the context of public or private parking ?

Where private is concerned, I wouldn't expect any of them to follow the rules.

esmerobbo

Legally they can not clamp a car displaying a valid Blue badge. However as pogofish has said many clampers do not operate within the law, if your thinking of testing it I wouldn't!

robredz

esmerobbo wrote: »

Legally they can not clamp a car displaying a valid Blue badge. However as pogofish has said many clampers do not operate within the law, if your thinking of testing it I wouldn't!

It is possible the PPC or clamper would "engineer" the badges to fall on the floor so they are not visible. They could then clamp, say tough non display, get the money and you are up the creek

Council wardens have even been seen shaking a car to dislodge badges or a ticket from a dash so they can issue a penalty

kevanf1

hmm, interesting stuff there, thank you all. It would be pretty difficult to shake my badge free. I have it in a wallet that I always place right at the front of the dashboard in the centre of the windscreen. Seriously, they would need to tip the car over 45 degrees to dislodge it Thankfully!

I take the points made that private clampers do not follow the law and this is the reason I asked about it. I do not ever envisage being in the situation where I do get clamped, but, you never know. As already stated, private clampers ignore the law and it wouldn't surprise me if one day I parked up, came back and found a dirty great yellow boot on the wheel. I do not tend to park in places other than are very open and very public. I rarely park on double yellow lines even though I can legally do so (but a person using a blue badge should ensure they are not causing an obstruction yet I see this often).

To be honest, if I ever were clamped I would go straight to the nearest hardware/ironmongers store and cut the damned thing off. Yes, I know that I could be liable for the damage caused. I'd still go to court and fight it though

Thank you all and Merry Christmas.

Coupon-mad

kevanf1 wrote: »

To be honest, if I ever were clamped I would go straight to the nearest hardware/ironmongers store and cut the damned thing off. Yes, I know that I could be liable for the damage caused. I'd still go to court and fight it though

Thank you all and Merry Christmas.

So would I with a private clamp - either cut it off or pay a locksmith instead of paying the clamper. Or even get a garage to remove the car, clamp and all (if the price of removing the clamp was in the hundreds it's got to be worth doing that and the garage removing the wheel etc. to get the clamp off in their own time).

Or get an injunction if there are clear grounds as to why the clamp was unlawful (2 posters on pepipoo have taken this route rather than pay the scumbags).

In all cases where you spend money on a locksmith/garage/injunction, those costs could then be put in a Small Claim against both the clampers and whoever contracted them. This would be the same as if you'd paid a clamper then had to sue them for the money back - but much better because at least there would be the satisfaction of knowing the clampers did not have your money and would also be v p'eed off!

Merry Christmas!

System

TBH if a blue badge has no legal force in a private car park then it would not be illegal to clamp a car with one.
ETA
Schedule 2 of The Private Security Industry Act 2001 clarifies that the ban on clamping is only effective in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988 (c. 52).

Aretnap

It's in the Private Security Industry Act 2001 (Licences) Regulations 2007

(a)the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle or if the vehicle is an emergency vehicle which is in use;

vax2002

Trouble is you are dealing with liars and crooks, they would just say the badge was not on display when the vehicle was clamped.
The reason 24v battery angle grinders were invented....

System

Aretnap wrote: »

It's in the Private Security Industry Act 2001 (Licences) Regulations 2007

Yes but schedule 2 clarifies that the ban on clamping only applies to public roads (effectively)


The Private Security Industry Act 2001 (Licences) Regulations 2007

(2) The conditions specified for the purposes of this paragraph are—
(a)the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle or if the vehicle is an emergency vehicle which is in use; and
(b)the licensee shall, on collecting any charge for the release of a vehicle that has been immobilised, removed or restricted in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act, provide a receipt which contains the information specified in paragraph (3).

and

Private Security Industry Act 2001

Immobilisation of vehicles
3
(1)This paragraph applies (subject to the following provisions of this paragraph) to the immobilisation of a motor vehicle by the attachment to the vehicle, or to a part of it, of an immobilising device.
(2)This paragraph applies only to activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.
(3)This paragraph does not apply to any activities carried out in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988 (c. 52).

Para 3(3) cancels out the ban on immobilising if on private ground or anything that doesn't fall under the definition of road in the RTA

Aretnap

!!!!!! wrote: »

Yes but schedule 2 clarifies that the ban on clamping only applies to public roads (effectively)

What ban on clamping?

Schedule 2 specifies the activities whcih are regulated by the Private Security Industry Act. One of them is vehicle immobilisation (Paragraph 3). Part 3 of Paragraph 3 adds that the paragraph doesn't apply to vehicle immobilisation on a public road (which is the preserve of councils, and rarely done these days). So clamping anywhere other than a public road is subject to the provisions of the PSIA - including the 2007 additional regulations which prohibit the clamping of a vehicle displaying a valid disabled badge.