So long clamper

zaax

The day has finally arrived - with effect from midnight last night clamping on private land in England will be a criminal offence punishable by an unlimited fine - the clamper, his employers and the landowner are all jointly liable as co-conspirators.

PPCs will also have to operate under a new regime, where in order to have access to DVLA keeper details they need to comply with very strict DfT guidelines, and abide by a new statutory independent appeals body. The DVLA have already shown willing to enforce the new guidelines by revoking two PPCs rights to access data for 90 days due to making false claims about registered keeper liability. They have also written to the BPA and demanded that all operators carry out an independent audit of their signs to ensure that the comply with the DfT guidlines within 7 days or face loss of access to DVLA data.

It is fair to say the the PPC industry who were expecting the new rules to make their lives easier are having a rude awakening and there is, I hear, deep unhappiness in the industry about how things have panned aout.

The new DfT guidlines are quite stringent, limiting charges to a genuine pre-estimate of the landowners losses (which will be 0 in most cases), a £32 charge for any appeal a motorist raises (win or lose) and the appeals will be non binding on motorists (but binding on the PPC) meaning that after the appeal they would still have to go to court to enforce any win - facing all the difficulties they currently face - a recent example saw a PPC landed with a £4000 legal bill to recover £4.50 in losses.

And they also still have VCS vs HMRC which says they have no legal standing to recover landowners losses to contend with.

Note that there is no sign of an enactment order for Wales, so it is unclear if the clamping ban extends to Wales.

These provisions do not apply to Scotland where clamping has been a criminal offence punishable by up to 15 years in prison for over a decade - and PPC charges continue to lack any legal standing.

HardWorker2010_2

Ermmn... ?

trisontana

Where have you been for the last few weeks? The ban came into force on October 1st.

peter_the_piper

:rotfl:He put his clocks back by a month not an hour.:rotfl:

ManxRed

In other news just in, Queen Victoria has died.

The_Slithy_Tove

zaax wrote: »

The day has finally arrived - with effect from midnight last night clamping on private land in England will be a criminal offence punishable by an unlimited fine - the clamper, his employers and the landowner are all jointly liable as co-conspirators.

:question::question:Huh?
<If there were a head-scratching smiley available, I'd use it here.>

andy13

taffy056

Obviously it's Doc Brown in a DeLorean that can no longer be clamped lol

NotanIdiot

Your a bit behind the event kid, the PoF Act cam into effect 1st October. What on earth made you think it was going to occur on 18th November? Did you not see the sticky banner at the top of the thread index ? The one under the NEW THREAD button you clicked that goes

Announcement:

New regulations came into force 1 October 2012

03-10-2012 MSE Andrea (Forum Editorial Liaison)

Sirdan

Note that there is no sign of an enactment order for Wales, so it is unclear if the clamping ban extends to Wales.

wrong !


Herewith a commencement Order for England AND Wales.

Confirms Sections relating to clamping/towing/parking commenced on 1st October 2012

http://www.legislation.gov.uk/uksi/2012/2075/made

booter

I suspect the OP is maybe confusing this issue with the MOT exemptions for pre 1960 vehicles - which came into effect yesterday?? https://www.gov.uk/getting-an-mot/vehicles-exempt-from-mot