Car Clamping ban - Confirmed

Stephen_Leak

ppc_guy wrote: »

The next issue is "Vehicle immobilisation is due to become illegal on private land in England and Wales without lawful authority

Who defines lawful authority as the instructions from a landowner to operate would in theory be lawful.

<snip>

I noticed this, too. What is the definition of "lawful authority"?

It can't be business as usual.

"Lawful authority" can't be a sign, with 13mm high lettering, “On display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of The Leopard’.”

Or S R-S' say so.

AlexisV

Good news.

Once clamping is out of the way, I suspect the actions of ticketing PPCs will be more closely scrutinised. 'Rogue ticketers' will become common parlance.

Tilt

My take on the car park/barrier issue is that there will still be an avenue to persue of trespass in the civil courts. You would be entitled to lock you car park up, place contact details on the car(s), return to open barrier and then charge for your expenses and time. Obviously you would need to have appropriate signage in place to warn drivers that this will happen if they leave their cars there after a certain time.

Hang on a minute... isn't that always been the correct way of doing things?

peter_the_piper

Stephen_Leak wrote: »

I noticed this, too. What is the definition of "lawful authority"?

It can't be business as usual.

"Lawful authority" can't be a sign, with 13mm high lettering, “On display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying ‘Beware of The Leopard’.”

Or S R-S' say so.

I've always understood it to mean Police, council and DVLA, ie an official purpose.

Stephen_Leak

peter_the_piper wrote: »

I've always understood it to mean Police, council and DVLA, ie an official purpose.

And maybe also Transport for London.

Stephen_Leak

Tilt wrote: »

My take on the car park/barrier issue is that there will still be an avenue to persue of trespass in the civil courts. You would be entitled to lock you car park up, place contact details on the car(s), return to open barrier and then charge for your expenses and time. Obviously you would need to have appropriate signage in place to warn drivers that this will happen if they leave their cars there after a certain time.

Hang on a minute... isn't that always been the correct way of doing things?

Correct. It simply means that, if you park in a private car park, come back after closing time and find the barrier locked, you can't sue the owner for "immobilising" your car.

taffy056

Can't come quick enough, but we all know that the next thing will be these scumbags giving tickets and maybe demanding payments immediately in an intimidating manner. They will think of ways to get the cash from people.

Coupon-mad

taffy056 wrote: »

Can't come quick enough, but we all know that the next thing will be these scumbags giving tickets and maybe demanding payments immediately in an intimidating manner. They will think of ways to get the cash from people.

They will have a discount for paying online the same day or some such rubbish - in the hope of getting payment before some easily-led victims think of Googling 'should I pay a parking charge notice'.

give_them_FA

"Lawful authority" means that they are acting in pursuance of statute law or Regulation. Rather than the made-up authority conferred by a warning sign as at present.

Which, of course, will restrict it to official bodies.

Stephen_Leak

give_them_FA wrote: »

"Lawful authority" means that they are acting in pursuance of statute law or Regulation. <snip>

Part 31 of the Civil Procedure Rules?