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Caravan has been clamped

2

Comments

  • fourmarks
    fourmarks Posts: 261 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    unforeseen said:
    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. 
    Or unless you happen to own it.

    As claimed, but not proved.
  • Section62
    Section62 Posts: 10,804 Forumite
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    fourmarks said:
    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.
    "If" is doing a lot of work there.

    There's a difference between a claim of ownership and legal ownership.

    For clarity, I didn't say the clamper was committing an offence.  And the caravan could be clamped unlawfully, without it being an offence.

    None of us have enough information to work out whether the clamping is lawful or not though.
  • Section62
    Section62 Posts: 10,804 Forumite
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    fourmarks said:
    unforeseen said:
    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. 
    Or unless you happen to own it.


    POFA Section 54 is silent on the matter of ownership.

  • Ditzy_Mitzy
    Ditzy_Mitzy Posts: 1,979 Forumite
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    edited 9 May 2023 at 6:37PM
    Section62 said:
    fourmarks said:
    unforeseen said:
    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. 
    Or unless you happen to own it.


    POFA Section 54 is silent on the matter of ownership.

    No, it isn't.  Section 54 (1) states a person can only commit an offence by immobilizing a vehicle 'without lawful authority'.  One can assume, quite safely, that ownership of a vehicle confers lawful authority to immobilize it in the manner of the owner's choosing.  
  • Section62
    Section62 Posts: 10,804 Forumite
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    Ditzy_Mitzy said:
    Section62 said:
    fourmarks said:
    unforeseen said:
    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. 
    Or unless you happen to own it.


    POFA Section 54 is silent on the matter of ownership.

    No, it isn't.  Section 54 (1) states a person can only commit an offence by immobilizing a vehicle 'without lawful authority'.  One can assume, quite safely, that ownership of a vehicle confers lawful authority to immobilize it in the manner of the owner's choosing.  
    We will have to agree to differ on that.

  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Post on the parking ticket section

    https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking
  • cannugec5
    cannugec5 Posts: 705 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Are the two individuals claiming ownership in the midst of a marital/ divorce or similar other dispute? 
  • elsien
    elsien Posts: 37,234 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    cannugec5 said:
    Are the two individuals claiming ownership in the midst of a marital/ divorce or similar other dispute? 
    This was my thought as well. Both claiming a marital asset. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • fourmarks
    fourmarks Posts: 261 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    Section62 said:
    f
    "If" is doing a lot of work there.

    Not really, it's just doing its job like the fully trained conjunction that it is.

    There's a difference between a claim of ownership and legal ownership.

    On this matter we are in total agreement.

    For clarity, I didn't say the clamper was committing an offence.  And the caravan could be clamped unlawfully, without it being an offence.

    For clarity, no one said you did.

    None of us have enough information to work out whether the clamping is lawful or not though.

    Hence my second sentence - What the truth may be, I have no idea.
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