Is my employer breaking the law?

Aretnap

peter_the_piper wrote: »

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

What's the argument you heard that it is legal? Presumably something more than "I think it ought to be legal"?

zzzLazyDaisy

Which begs the question, what does it mean by 'a person authorised to do so'?

It presumably doesn't mean 'authorised by the car owner to do so' (as that makes no sense)

Suppose the op's employer is not using a private company, and HAS authorised a person of their own staff?

Just posing the question.... I don't know the answer...

maninthestreet

peter_the_piper wrote: »

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

Please refer to my earlier post that included the relevant section from POFA 2012 - the offence is commited by the act of immobilsing a vehicle using a clamp or other device so that the vehicle cannot be removed by a person authorised to drive the said vehicle. There is no additional clause such as '....and demands payment to remove the means of immobilisation'.

ManxRed

peter, are confusing the fact that prior to Oct 1st ir was perfectly acceptable to clamp without a fee without an SIA licence?

I agree with Aretnap, its now illegal, whether you charge or not, unless you have lawful authority, or the only exemption is the barrier scenario mentioned above.

peter_the_piper

OK, thanks, I'll go and hide now.:rotfl:

maninthestreet

zzzLazyDaisy wrote: »

Which begs the question, what does it mean by 'a person authorised to do so'?

It presumably doesn't mean 'authorised by the car owner to do so' (as that makes no sense)

Suppose the op's employer is not using a private company, and HAS authorised a person of their own staff?

Just posing the question.... I don't know the answer...

The wording is 'without lawful authority' - a private company cannot give themselves 'lawful authority', this has to be granted via specific legislation which allows for vehicles to be immobilised or removed.

edward123

zzzLazyDaisy wrote: »

Which begs the question, what does it mean by 'a person authorised to do so'?

It presumably doesn't mean 'authorised by the car owner to do so' (as that makes no sense)

Suppose the op's employer is not using a private company, and HAS authorised a person of their own staff?

Just posing the question.... I don't know the answer...

I should have been more clear. Only a person lawfully authorised. No person/persons, whether acting on their own behalf, on behalf of their employer or a private parking company, whether they own the private land or not, can clamp a vehicle. A vehicle has to break a Traffic regulation to be clamped(by the police for example).

zzzLazyDaisy

Thanks @ maninthestreet and Edward.... I get it now (blonde moment!)

Dx