Thread: Pub Clamping

So what you are telling us is that because your friend made the sensible and lawful decision of not using his vehicle when he had consumed alcohol he had his car clamped and towed. Seriously, can PPC's stoop any lower. In short, we are going to need the details. I would suggest taking pictures of any signage. To be realistic, it is probable he will have to take the clampers to the county court before getting his money back. Instead, you are entitled to sue the landowner who I assume is the Pub - is it leasehold or freehold? Furthermore, if you can tell us who the clamping company are we can check whether or not they are SIA licensed which is a legal requirement.

TFT

Hi, make sure you have a read of the clamping guide in the stickies section. Clamping and towing are both examples of distress feasant - the rules that apply for clamping on private land are equally applicable for towing on private land.

If the sign did not warn of the clamping/towing then they are in breach of current case law (which holds the same weight as statute law).

Clamping is about implied consent. Case law states that "if you park in defiance of a sign you can expect to be clamped(or towed)." If no sign is present then they haven't a hope in hell if you get them into court.

The landlord cannot wash his hands of it. The clamping company have to be in an agency relationship or else they can't legally operate.

Did they give you a receipt? Does it have their SIA number on it? Does it state date and time. These are legal requirements.

If you're sure of your case then your friend should issue a letter before action to both the clamping company and the landlord. (Clamping companies can be very hard to pin down if you get a judgement against them). If they fail to cough up then you will need to take the case to county court.