Wheel Clamping Signage

[westerngirl]

Hi there

 

My partner was clamped on a road last Friday. The road is part private and part adopted by Local Authority - depending which end you are standing, but this is not very clear.

 

Anyway, my partner has been parking on this road for about a year while he is at work.

 

Two or three small (18in sq) signs warning of clamping were placed on fencing on one side of the road on the Thursday evening and when my partner parked on the other side of the road on Friday morning he did not notice the signs. When he left work on Friday evening he had been clamped.

 

Is there a notice time that signs have to be placed? Also, does the fact that it is not clear which part of the road is private and which is LA owned make a difference.

 

Any comments would be much appreciated.

 

Many thanks

[Steve__M]

If you read the case law it says that "Normally" presence of visible signs warning of the clamping would be enough. So it may rest on the interpretation of "Normally".

 

BPA advise that signs are 450mm wide by 650mm high.

 

Has the fee paid and car been recovered?

 

Read the clamping sticky:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/137863-clamping-guide.html

 

Eg. if the receipt doesn't contain relevant info it is unlawful and you may have a stronger claim.

If you want to recover your money you'd probably have to jointly sue landowner and clamper.

 

If you've not paid yet, many people have recovered their car with appropriate use of an angle-grinder

[Al27]

Photos please!

[pin1onu]

It's also very much dependent on what part of the road is adopted. Contact the council concerned and ask them to clarify what part is adopted and the boundaries.

 

AIUI if you've been clamped on council adopted land then there needs to be a Traffic Regulation Order. The clampers should be employed as agents of the council as well.

 

If it's not adopted then as Steve has said the signs become highly significant. Put simply if a judge deems them displayed sufficiently then the case law infers that you partner consented to the vehicle being clamped.

Edited February 9, 2009 by pin1onu
grammar