Wheel-clamping on private land banned from today.

spike7451

Wonder what excuses they'll come up with now?...

Wheel-clampers have been outlawed from clamping vehicles on private land under new legislation in England and Wales.

The Protection of Freedoms Act makes it an offence to clamp on private land.

The law does not affect Northern Ireland and clamping and towing away on private land has been banned in Scotland since 1992.

But landowners are boosted by stronger laws on ticketing, which mean unpaid charges can be claimed from the keeper of the vehicle, as well as the driver.

And the government has also agreed on an independent appeals service funded by the British Parking Association (BPA).

This will allow motorists to appeal against a parking charge issued on private land by a company that is a member of the BPA's approved operator scheme.

http://www.bbc.co.uk/news/uk-19782680

trisontana

They cannot claim the unpaid charges from the keeper. All that can be done is that the keeper can be "pursued" and asked to name the driver.

Gordon_Hose

All it takes for one judge to decide differently...

trisontana

Gordon_Hose wrote: »

All it takes for one judge to decide differently...

But that would mean overtaking one of the main tenants of civil law, namely that a third party cannot liable for something they haven't agreed to . Additionally, private parking cases are held in the small claims court, where no decisions can be used as case law.

Gordon_Hose

Be interesting to see how it all pans out tbh.

Although it seems a bit pointless in claiming the registered keeper could also be made liable.

pendulum

Well I'm reading through the law now and it appears to be a disaster, they may have banned clamping but private ticketing companies now have the law behind them to persue the registered keeper and they will do.

The advice to ignore private parking tickets no longer applies.

The ticketing companies will be better off than they were before.

sillygoose

pendulum wrote: »

Well I'm reading through the law now and it appears to be a disaster, they may have banned clamping but private ticketing companies now have the law behind them to persue the registered keeper and they will do.

The advice to ignore private parking tickets no longer applies.

The ticketing companies will be better off than they were before.

Does liability still apply to the registered keeper if they willingly supply the drivers name so that the parking company can pursue them?

just a thought...
I would happily supply the name and address of my 'Nigerian uncle' who was borrowing my car on that day. although he does move quite often..

bazster

pendulum wrote: »

Well I'm reading through the law now and it appears to be a disaster, they may have banned clamping but private ticketing companies now have the law behind them to persue the registered keeper and they will do.

The advice to ignore private parking tickets no longer applies.

The ticketing companies will be better off than they were before.

Utter rubbish. There's hardly any difference between pursuing the RK for unenforceable charges and pursuing the driver for unenforceable charges, and in any case if the RK discloses who was driving then it just lands right back on the driver.

Anyone with any sense has never relied on the "I wasn't the driver" argument, because it's open to a judge to take the view, on the balance of probabilities, that most likely you were the driver.

Mrs_Arcanum

I am waiting to see if the notices disappear from outside the doctors & at work. Although no one has ever been clamped at work.

bazster

sillygoose wrote: »

Does liability still apply to the registered keeper if they willingly supply the drivers name so that the parking company can pursue them?

Nope, it doesn't.

trisontana

pendulum wrote: »

Well I'm reading through the law now and it appears to be a disaster, they may have banned clamping but private ticketing companies now have the law behind them to persue the registered keeper and they will do.

The advice to ignore private parking tickets no longer applies.

The ticketing companies will be better off than they were before.

From a BPA internal memo:-

It has been drawn to our attention that there is much public concern about some operators who continue to indicate on signage, parking charge notices and similar correspondence that the keeper is liable for the payment of parking charges due as a result of a breach of contract. This is not the legal situation now nor will it be after 1 October 2012.