Has anyone been clamped, since the 1st October?

bazster

No, I don't think it's illegal. The timings referred to above (remove it now if it's clamping only, grace period if it's clamping + ticketing) are BPA guidance, not the law.

peter_the_piper

Surely it would be illegal. If they put up-pay up or we let your tyres down or break your windows it would be similar, all 3 are illegal options.

Aretnap

Is it illegal to have a sign which says "thieves operate in this car park" if they do not in fact operate in that car park?

Aretnap

peter_the_piper wrote: »

Surely it would be illegal. If they put up-pay up or we let your tyres down or break your windows it would be similar, all 3 are illegal options.

Breaking your windows or clamping you would certainly be illegal. However I'm not sure that threatening to carry out an illegal act is in itself an illegal act. My first thought was that it might be what is normally called threatening behaviour, but looking up the actual legislation it seems that only applies to a threat of violence. So what actual offence would one commit by threatening to clamp someone?

[Deleted User]

Aretnap wrote: »

Breaking your windows or clamping you would certainly be illegal. However I'm not sure that threatening to carry out an illegal act is in itself an illegal act.

Yes it is.

Criminal_Damage_Act_1971 wrote:

2 Threats to destroy or damage property.

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out,—

(a) to destroy or damage any property belonging to that other or a third person; or

(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person;

shall be guilty of an offence.

Aretnap

Good spot. But clamping is unlikely to constitute damage to property; certainly the Court of Appeal didn't consider it to be so in Arthur v Anker.

Added: And that actually strengthens the general point: if threatening to carry out an illegal act were in itself illegal, there would be no need for parliament to create specific offences of threatening violence, or threatening criminal damage.

RENEGADE_2

ManxRed wrote: »

We all know that PPCs exist to make a profit.

No way, surely not! I thought they were a voluntary group of professionals maintaining order throughout the private parking sector. I'm sure they wouldn't even dream of profit, they're a sort of St.John Ambulance to the parking world!


Are they bоllocks! :rotfl:

ManxRed

They're fine upstanding people, how dare you sir!

How very very dare you!

RENEGADE_2

Yeah, "fine" being the operative word!

ManxRed

OK, they're speculative invoice upstanding people.

An easy mistake to make.