Caravan has been clamped

hobrover

As regards the laws on clamping, I guess this may depend on whether or not a touring caravan is classed as a vehicle (they do have to be constructed and adhere to Construction & Use Regulations).
My touring caravan is stored on private land for which I pay.
An individual has clamped the caravan;  the storage owner allowed him to do this after he claimed ownership.
I have since proved my ownership to the storage owner with the  CRiS document (like a V5 only voluntary) and bill of sale.
The storage owner doesn't have contact details for the clamper and wants me to sign an indemnity form to indemnify him against legal action should I remove the caravan, which can only be done if I remove the claamp in question.

molerat

Sounds reasonable to me.  The storage site owner is between a rock and a hard place if two of you are claiming ownership and wants you to take responsibility for removing it.

Section62

Protection of Freedoms Act 2012 Section 54(6) says -

"In this section 'motor vehicle' means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle."  (my bold)

So it would appear a touring caravan fits the definition of "motor vehicle" for the purposes of this section.

https://www.legislation.gov.uk/ukpga/2012/9/section/54

fourmarks

I'm not sure its status as a motor vehicle or not is particularly relevant. It would seem to be a dispute over ownership of property and the clamp has been used, presumably, in an attempt to keep the property in situ whilst the clamper pursues his claim.

unforeseen

As POFA defines it as a motor vehicle for the Act then it is a criminal offence to clamp it unless it is one of the organisations allowed to such as police, DVSA, council etc.
A private person/company can't so the OP is within their rights to remove it. 

theartfullodger

hobrover said:

..............
My touring caravan is stored on private land for which I pay....

An individual has clamped the caravan;  the storage owner allowed him to do this after he claimed ownership.
...

Therefore there is an agreement, a contract, between you & "storage owner". 

HOW do you pay? Cash no receipt? Bank transfer with receipts? Cheque??

So your agreement (? in writing ? ) with storage owner states what about responsibilities etc etc as regards what has happened?? Can't read it from here..

Wonder if "storage owner" is declaring his income from you to HMRC ( a possible lever... )

Sounds like you have a claim against "storage owner" for depriving you of your asset.

What's it worth? £5 why bother, £10,000 worth legal action.

Section62

fourmarks said:

I'm not sure its status as a motor vehicle or not is particularly relevant. It would seem to be a dispute over ownership of property and the clamp has been used, presumably, in an attempt to keep the property in situ whilst the clamper pursues his claim.

As unforeseen suggests, if the carvan has been clamped unlawfully then the OP is in a much stronger position than if the clamping had been lawful.

Personally I'd probably seek basic legal advice (e.g. via insurance LP) before attempting to remove the clamp and the caravan.

eddddy

The person who clamped the caravan claims that they own the caravan.

It's not an offence to clamp a vehicle that you own.


Essentially 2 people are both saying that they own the caravan....

• One has clamped it - to protect the property they believe they own

• The other wants to take it away - to protect the property they believe they own

Assuming they both reasonably believe they own the caravan, I can't see that either of them would be committing an offence. But they need to find a way of resolving their dispute - perhaps in court.



Edit to add...

There is also the potential issue of causing criminal damage to the clamp - by cutting it or breaking it off. 

TheJP

If they have clamped one wheel, i would clamp the other to stop them from moving the caravan. I don't understand how the storage owner allowed them to come onto his property and clamp your caravan. Did the storage owner tell you how they claimed ownership? 

eddddy

TheJP said:

 I don't understand how the storage owner allowed them to come onto his property and clamp your caravan. Did the storage owner tell you how they claimed ownership? 

hobrover said:

An individual has clamped the caravan;  the storage owner allowed him to do this after he claimed ownership.

It depends what @hobrover means by "allowed him to do this".

If the "clamper person" simply walked over to the caravan carrying a clamp and attached it to the caravan without asking consent, there is probably little that the storage owner could do to stop them. 

But, for example, if the storage owner unlocked a secure area in order to let the "clamper person" in, perhaps @hobrover has more right to feel aggrieved.

fourmarks

Section62 said:

fourmarks said:

I'm not sure its status as a motor vehicle or not is particularly relevant. It would seem to be a dispute over ownership of property and the clamp has been used, presumably, in an attempt to keep the property in situ whilst the clamper pursues his claim.

As unforeseen suggests, if the carvan has been clamped unlawfully then the OP is in a much stronger position than if the clamping had been lawful.

Personally I'd probably seek basic legal advice (e.g. via insurance LP) before attempting to remove the clamp and the caravan.

If the clamper, as he claims, owns the caravan, then he cannot possibly be committing an offence. What the truth may be I have no idea.