Is my employer breaking the law?

maninthestreet

My employer uses their own in-house security department to patrol the company private car park, checking for cars parked there but not displaying a company parking permit in the windscreen. If they do find such a car, a warning notice is put on the windscreen stating that the car may be clamped if it's found in the parked in the car park without displaying a parking permit. Does this threat to clamp a vehcile on private property constitute a crimimal offence?

Aretnap

Probably not. It's not generally illegal to threaten to do something which is itself illegal, with certain exceptions for things like violence or criminal damage. It would be an offence if they actually carried out the threat.

McKneff

I wouldnt have thought it was a criminal offence, although I thought that clamping was illegal, but then again that would only make it illegal if the threat was carried out.

If the company is plagued with 'rogue' cars, personally I dont blame her if the threat of it keeps the car park clearer.

peter_the_piper

I'm not sure if clamping ,not for money, is an offence if the release is free. A bit like a bar to a car park saying only open next working day.

maninthestreet

Clamping, or otherwise immobilising a vehicle on private property without lawful authoirty is a criminal offence now, even if the car is released without payment:

Offence of immobilising etc. vehicles


(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

peter_the_piper

I understand this but no-one has (AFAIK) proved for certain if clamping as a deterrent with free removal is unlawful. To me its the same a a gated car park, with sufficient appropriate signs, which says that it will be closed at 5.00 pm and not to open till 7.00am. This is seem as reasonable and if you park its at your own risk.

taffy056

Unless the original poster is in Northern Ireland , as we know clamping on private land is not banned

Aretnap

peter_the_piper wrote: »

I understand this but no-one has (AFAIK) proved for certain if clamping as a deterrent with free removal is unlawful. To me its the same a a gated car park, with sufficient appropriate signs, which says that it will be closed at 5.00 pm and not to open till 7.00am. This is seem as reasonable and if you park its at your own risk.

There's a big difference between the two situations - the POFA has a specific exception where the immobilisation is by means of a barrier, so assuming you have enough signs to create implied consent, it's quite legal to lock the car park up at 5 and not reopen it until 7.

Wheel clamping is illegal as it prevents or inhibits the driver/owner from removing the vehicle, and it does this whether or not a release fee is charged. The law doesn't make a distinction between clamping with and without a release fee.

peter_the_piper

I've heard both arguements and i'm still not sure.

edward123

peter_the_piper wrote: »

I've heard both arguements and i'm still not sure.

Aretnap's post is correct. Clamping is banned by a private company or a person not authorised to do so.

maninthestreet

FYI, the car park in question is England, not NI.