Violation: Parking on a Private Road & in Parking Spaces

newfoundglory

I'd be very careful about some of the suggestions made on here -

The wheel clamping can land you in court, if you cause any damage whatsoever to the wheel/alloys, tyres or car itself (if someone did this to my car, i'd have no hesitation taking them to court for all its worth). I think you will also find you need a license to do this.

Blocking access to a public highway will mean you end up getting your car towed by the police (again, i'd have no hesitation making this happen if someone did this to me).

Are you sure the road is unadopted by the council - often on these estates the main road (and parking on it) is mostly public road with the smaller roads and resident parking areas being private land.

System

agrinnall wrote: »

Then take it that step further, buy a clamp (Halfords £99.99) and use it on one car every day - maybe charge them a small amount to take it off but certainly make them wait. I reckon word will get round quickly enough.

And get taken to court for not having an SIA licence

shaun_from_Africa

Buy a clamp, put up signs warning that clamping of unauthorised vehicles will take place and then carry out the clamping.

Leave a phone number for the car owner to call, and when they do, release the car at no cost to the driver (apart from the time involved in waiting).

No charge to the driver means no SIA licence is required.

I would also suggest taking photos of the car before and after the clamp was fitted to show any damage that was there and to show that the wheel & tyre hadn't been damaged by the fitting of a clamp.

System

shaun_from_Africa wrote: »

No charge to the driver means no SIA licence is required.

Afraid not

Under the provisions of the Private Security Industry Act 2001, it is an offence
to:
a. Clamp a vehicle parked on private land without an SIA licence;
b. Employ an unlicensed person to clamp a vehicle;
c. Contravene SIA licence conditions;
d. Claim approved status where no such status exists; and
e. Make false statements to the authority.

Fee doesn't come into it

shaun_from_Africa

Fee doesn't come into it

The info you posted is only a rough guide to the requirements and not the full document.

According to SIA themselves:

You need a Vehicle Immobiliser licence if you undertake any of the following activity:

1. the moving of a vehicle by any means;
2. the restriction of the movement of a vehicle by any means (including the immobilisation of a vehicle by attaching a device to it);
3. the release of a vehicle which has been so moved or restricted, where release is effected by returning the vehicle to the control of the person who was otherwise entitled to remove it, by removing any restriction on the movement of the vehicle by removing the device or by any other means; or
4. the demanding or collection of a charge as a condition of any such release of or for the removal of the device from a vehicle.

Vehicle immobiliser activity only applies to activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.
Vehicle immobiliser activity only applies where it is proposed to impose a charge for the release of the vehicle.

http://www.sia.homeoffice.gov.uk/Pages/licensing-who-vi.aspx

George_Michael

This has been mentioned on pepipoo a few times, and some of the regulars on there are of the opinion that provided the notice warning of possible clamping is clearly displayed, no release fee is charged, and providing that the offending car isn't towed or moved in any way, clamping is perfectly legal without needing a licence.

I agree with the earlier post about taking plenty of photographic evidence of any car both before and after putting on a clamp.

System

shaun_from_Africa wrote: »

The info you posted is only a rough guide to the requirements and not the full document.

According to SIA themselves:

You need a Vehicle Immobiliser licence if you undertake any of the following activity:

1. the moving of a vehicle by any means;
2. the restriction of the movement of a vehicle by any means (including the immobilisation of a vehicle by attaching a device to it);
3. the release of a vehicle which has been so moved or restricted, where release is effected by returning the vehicle to the control of the person who was otherwise entitled to remove it, by removing any restriction on the movement of the vehicle by removing the device or by any other means; or
4. the demanding or collection of a charge as a condition of any such release of or for the removal of the device from a vehicle.

Vehicle immobiliser activity only applies to activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.
Vehicle immobiliser activity only applies where it is proposed to impose a charge for the release of the vehicle.
Vehicle immobiliser activity applies to any activities carried out in relation to a vehicle while it is elsewhere than on a road within the meaning of the Road Traffic Act 1988.

http://www.sia.homeoffice.gov.uk/Pages/licensing-who-vi.aspx

But it does say that any of the activities 1 - 4 requires a licence. Is there a contradiction or is

Vehicle immobiliser activity only applies where it is proposed to impose a charge for the release of the vehicle.

being mis-interpreted? I could interpet that sentence to mean that you can not clamp unless you intend to charge for release.

George_Michael

There is one other thing that could be done, and which isn't in any way illegal, doesn't need any licence, won't lead to confrontation with irate car owners and wouldn't involve the police.

Put up a few signs warning of clamping and then buy a clamp and simply attach it to your car or that of one of your neighbours (with their permission of course).
Pick a car that will be parked in the area during the day and make sure that the clamped wheel is visible to anyone driving into your road.

This may well make them think that they will also get clamped and so decide not to risk parking there.
After a week or two, you may find that the problem has gone.