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Private clamping 'legally shaky'


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The clamping of cars by private companies in England and Wales is legally shaky and could breach human rights, the RAC Foundation has claimed. It says sometimes "exorbitant" fines are demanded without legal process and it wants to see laws changed

 

read all in the link

 

BBC NEWS | UK | Private clamping 'legally shaky'

 

have your say here

 

http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=6717&edition=1&ttl=20090709104641

Edited by kiptower

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Without stating the obvious trespass tort is by its very nature penal. What constitutes a reasonable release fee? Contrast it with contract tort which allows damages to put a party in the position they would have been had the breach not occurred.

 

I'm disappointed to hear that the Home Office are having a consultation and are proposing even more regulation. They F**Ked it up big time with the SIA who have proved to be toothless dogs. Now they are proposing another body to look after things. Why not follow Scotlands example and outlaw it all together?

 

"They would have to introduce an appeals procedure for drivers who believe they have been unfairly treated. "

And we all know how the PPCs deal with appeals. Fairly and impartially. Not. Does anyone really expect clampers to be any different?

 

 

 

There is also considerable misrepresentation on the BBC story

"Currently, some companies stick to the rules and keep the fee they demand for removing the clamp within guidelines issued by the British Parking Association."

What rules? The BPA are not an independent body. Nor do they have any legal authority. With regard to release fees there is no legal limit to release fees?

 

The keeping of fees is contentious. Under trespass tort damages are payable to the landowner only. If a proper agency agreement is not in place I would suggest that you would have very good grounds for claiming back any release fee paid.

 

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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