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clamping threatened in works car park
Comments
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Councils don't own any land, it is held in public "trust" and owned by members of the general public.
They often forget this.Be happy...;)0 -
Good points there Stroma & spacey.
You'll have noticed that I put inverted commas round the 'own' the school.
Too many school heads think they are totally autonomous.
Based partly on the fact that their 'employees' (they do think of teaching staff like that) will more than likely be seeking a reference from them at some point in the future.
They get away will all sorts of crap due to that.
This may be a private school of course and nothing to do with the council - the OP didn't say.0 -
There would have to be a specific Parking Place Order or a Traffic Regulation Order in place or a council would have to be in a position to exercise their powers under s.99 Road Traffic Regulation Act - none of which is realistically going to apply in a school car park. In any event, the school grounds will undoubtedly be under the control of the education authority. Besides the notice from the head makes it clear that this is intended as a "local arrangement".
As has previously been outlined, s.54 Protection of Freedoms Act 2012 makes clamping "without lawful authority" (that is by some statutory power - Act of Parliament, Statutory Instrument, Byelaw etc) a criminal offence. I'm certain that no head would want to be so publicly embarrassed as to commit a criminal offence in full view of the school.My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).
For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com0 -
There would have to be a specific Parking Place Order or a Traffic Regulation Order in place or a council would have to be in a position to exercise their powers under s.99 Road Traffic Regulation Act - none of which is realistically going to apply in a school car park. In any event, the school grounds will undoubtedly be under the control of the education authority. Besides the notice from the head makes it clear that this is intended as a "local arrangement".
As has previously been outlined, s.54 Protection of Freedoms Act 2012 makes clamping "without lawful authority" (that is by some statutory power - Act of Parliament, Statutory Instrument, Byelaw etc) a criminal offence. I'm certain that no head would want to be so publicly embarrassed as to commit a criminal offence in full view of the school.
Someone needs to point out to the Head Teacher and Governors that clamping/removal on this land is illegal and has been for over a year!
Also a note up in the staff room or a few copies on the staff coffee tables would alert people to this fact too...could be anonymous!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
A nice anonymous letter may do the trick:
Re clamping threat...
Please can you inform us on how the School plans to legaly and lawfuly clamp/immobilise vehicles that it ( or agents acting upon its behalf) considers to be incorrectly parked upon School grounds.
In 2012 the Protection of Freedoms Act came into force, and we would like to draw your attention to this part of the Act
"54Offence 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"
If any vehicle is clamped/imobilised without lawful authority then that unlawful and ilegal clamping/imobilisation will be reported and acted upon, and this may result in criminal charges being bought against the School as well as any agents it employs to unlawfully clamp/imobilise any vehicles.From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
It would be worth highlighting "without lawful authority" and confirming what that actually means ... "because the head say so" is not lawful authority.
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Could allowing ones car to be clamped be made a condition of employment?0
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How can it be a criminal offence if you give someone permission to clamp your car?kirkbyinfurnesslad wrote: »NO!!!
That would be asking for a criminal offence in most cases to be on a contract0 -
How can it be a criminal offence if you give someone permission to clamp your car?
Presumably the same as giving someone permission to murder your wife
Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0
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