Clamping On Private Land

[sinclairlouis]

Hi there,

I'm a 17 year old who go's to college in central Brighton - there is a staff car park which staff display a permit to use. If a car is parked in there which doesn't display a permit the caretakers clamp the car and release it for free after 5pm (trying to be a nuisance since lessons finish at 4).

They are not SIA licenced and thus I would assume, reading from the citizens advice bureau's guide, that they are comitting a criminal offence by clamping my car.

However on confronting the caretakers they said that it was legal to clamp vehicles on private land so long as they don't charge for the release. This sounds dubious but there is nothing about this on the web that I could find.

Could anyone comment on the legality of this matter? (If you could it would help a cash strapped student who would otherwise have to pay £6 a day to park in a parking bay opposite the college..!)

Regards,

Louis

[Rooster-UK]

On private property
Wheel clamping on private land is treated differently. The Courts in England and Wales have accepted that it is lawful for a landowner to clamp any one who is parked on his land without his authority. However the landowner must have displayed a clear notice of the fact that cars parked without authorization will be clamped.
The courts consider that anyone who parks the car on private land in spite of having seen the notice has consented to their car being clamped. The owner of the vehicle is not allowed to cause criminal damage to the clamp by trying to remove it. The release fee must be reasonable, easily payable and result in prompt release. In Scotland clamping on private land is unlawful because it is seen as extortion.

The release fee must be reasonable,

No charge for release is certainly reasonable.
Private clampers must be licenced, but they are clamping for profit on behalf of a third party.
Exactly what the position would be regarding licensing, in tis case, I don't know. The caretaker is an employee of the owner of the carpark. provided there are adequate signs regarding clamping, I would have thought that it was legal.
Like someone parking a car on your own drive and you clamping it.

That is my opinion. I don't pretend to have a definitive answer but no doubt, somebody wii be able to supply that, shortly.

Regards, Rooster.

[sinclairlouis]

Thanks for your swift reply - I certainly think its a tricky one because presumably whether they are acting for profit or otherwise they would still need to be licensed to do the clamping - presumably if I were to clamp someone parking on my driveway taht would still be classed as an act of tresspass on my vehicle even if I didnt ask for a fee for its removal?

Thanks again,

Louis

[Zamzara]

I don't think an SIA licence is required if there is no release fee. However there still must be signs warning of the clamping and the vehicle must be released promptly. Whether 1 hour is promptly is dubious if it would be practical to release it sooner.

[forrix]

I got clamped on private land (car park) behind a pub, and got clamped by the owners.
It wasnt very well lit and no clear signs were to be seen.
the day before I seen a programe of watchdog about rogue clampers and I assumed the same happened to me.
Since I had the tools in the back of the car i removed the clamps myself.

The owners dragged me to court and the case got thrown out because there were no signs + the court told me that they never got my permission to clamp me. (didnt know that existed) unless its stated that they will clamp.

[green_and_mean]

Originally Posted by sinclairlouis

Hi there,

I'm a 17 year old who go's to college in central Brighton - there is a staff car park which staff display a permit to use. Could anyone comment on the legality of this matter? (If you could it would help a cash strapped student who would otherwise have to pay £6 a day to park in a parking bay opposite the college..!)

Regards,

Louis

I'm sure clamping aside the College will take a dim view of you parking there everyday and you could get thrown out of college for not obeying College regulations. Is the wording 'staff car park' not clear enough to put across the point that it is NOT for students?

[Caretaker 1]

Told you... If you'd have asked how we knew that we could have shown you the email from the SIA who regulate this sort of thing telling us what we could and couldn't do without a full clamping license. Also, for future reference, you may have more success being polite and humble about trying to get released from a clamping as opposed to coming mob handed and telling us the error of our ways!

Thanks Green and Mean for being the only person here who seemed to give a sensible answer... There is signage on the outside fence, the gates and a wall within sight of the entire car park, as well as being in the student contract that they sign on coming to this college.

[Zamzara]

Originally Posted by Caretaker 1

Also, for future reference, you may have more success being polite and humble about trying to get released from a clamping as opposed to coming mob handed and telling us the error of our ways!

You are required to release the vehicle promptly free of charge. Their politeness or humbleness is irrelevant.

[Caretaker 1]

Where have you got that information from? And do you have any suggestions for stopping people parking in a private car park and then being rude about its release?

[Zamzara]

Arthur v Anker

Nor might the clamper justify detention of the car after the owner had indicated willingness to comply with the condition for release: the clamper could not justify any delay in releasing the car after the owner offered to pay, and there had to be means for the owner to communicate his offer

In this case, the the condition for release must legally be nothing.

[buzby]

And as an informational aside, clamping (whether private or public) is illegal in Scotland. It was the result of a High Court case that found clamping 'deprived the owner of his full enjoyment' of the vehicle. The risk to the clampers of being made to pay high compensation for such a deprivation brought things to an abrupt halt. (They now use the contractual equivalent and buy the Registered Keeper data from the DVLA to pursue the driver.

[Bernie_the_Bolt]

Originally Posted by buzby

And as an informational aside, clamping (whether private or public) is illegal in Scotland. It was the result of a High Court case that found clamping 'deprived the owner of his full enjoyment' of the vehicle. The risk to the clampers of being made to pay high compensation for such a deprivation brought things to an abrupt halt. (They now use the contractual equivalent and buy the Registered Keeper data from the DVLA to pursue the driver.

And what do they do if they get a don't know/won't tell who the driver was response from the keeper?

[buzby]

The run around? In this respect what happens mirrors E&W (but without the clamps)!