Clamping to be outlawed on private land

[borisbeaver]

This just in on the BBC's News Web Site

 

http://www.bbc.co.uk/news/uk-10993473

[cirian75]

I'll believe it when the rozzers arrest a clamper for breaking this proposed new law.

[crem]

The announcement is expected tomorrow, but the ban won't become effective till "early next year" according to the BBC

[Al27]

I think we're all being very cautious and a little sceptical at this stage.

 

Let's see what the announcement actually is and whether or not it is a watered down bit of rubbish, as we've heard in the past.

[JonCris]

http://www.dailymail.co.uk/news/article-1303667/End-road-clampers-Cowboys-prey-millions-parking-private-land-outlawed-victory-Mail.html

 

If the DM is correct the problem arises because a private landlord CANNOT impose a charge for non-compliance UNLESS the tresspass has resulted in a genuine loss such as damage to a gate etc So already whilst welcome I envisage serious problems in its implimentation

[SURFBOY]

That Daily mail report sounds like they(coalition) are wanting to legitimise the private parking industry, to make the fees charged for overstaying reasonable!

What about existing law that makes the fees charged totaly unenforcable?

[cream70]

One show, 1.40mins in.

http://www.bbc.co.uk/iplayer/episode/b00th0vc/The_One_Show_16_08_2010/

[sameagle]

The newsreader on the dear old Beeb, [Radio 4 - 7am news], has just stated the Landowners will still be able to "give tickets to cars".

 

I hope that they are in a suitable language, my Renault speaks only French!

 

[Walks away with a Gallic shrug]

 

Sam

[cirian75]

my worry is in the at the same time they will side in the right for these PPC tickets to be enforceable so no more ignoring.

[Thailand]

Sameagle

 

La mienne aussi....

 

Merci pour la rire, vraiment aide ma gueule de bois!

[filthysurfer]

This was on the Today programme this morning too. An interview between a representative of the parking trade body and a chap from the RAC Foundation. TBH it sounded like a reasonable discussion. If you look for it on iPlayer it was on just before Thought for the Day, around 7.45. So about 1h 45m in.

[buzby]

If it does come to pass, shame it took them 20 years to follow Scotland's lead. It's probably a carrot and stick approach, clamping will be outlawed, but the coalition will let them take over the privatised speed cameras instead as a quid pro quo...

[pin1onu]

If it does come to pass, shame it took them 20 years to follow Scotland's lead.

Better late than never although the cynic in me say I will beleive it when I see it.

[buzby]

Just noticed on the BBC website that this change is to be enacted NEXT year! How half-assed is that? It could be achieved virtually overnight by the courts grating clamping as extortion (as they did up here), and the number of cases fell dramatically due to the High Court ruling being used as a precedent. From memory, only 3 further claming cases went to court and all stopped in 1992.

 

Why this period if doing nothing until 2011 seems to lack any finesse!

[DBC]

And you also have this:-

 

Private car parks will still be allowed to charge motorists a fee, using ticket machines. But they will have to sign up to a strict code of conduct agreed by the British Parking Association (BPA). All signs about charges must be clear, and any fees for over-staying must be 'reasonable'. Crucially, there will be a right of appeal to an independent tribunal with the power to quash unfair charges.

Any motorist who refuses to pay will face the same sanction that applies to public roads or council car parks, which is a visit from the bailiff or a trip to the small claims court.

 

That surely will involve a major change in the law to over-ride the long established civil laws that deal with trespass and contract. And define "reasonable"

[lamma]

"or a trip to the small claims court"

 

they can't just ignore the huge amount of in place law re contract and trespassing.

 

And its a right to appeal they moot - so what happens if you don't appeal. long way to go yet.

[DBC]

Yes, they would have to change the law so that trespass becomes a criminal act. Something I don't think will happen.

[Al27]

rivate car parks will still be allowed to charge motorists a fee, using ticket machines. But they will have to sign up to a strict code of conduct agreed by the British Parking Association (BPA). All signs about charges must be clear, and any fees for over-staying must be 'reasonable'. Crucially, there will be a right of appeal to an independent tribunal with the power to quash unfair charges.

Any motorist who refuses to pay will face the same sanction that applies to public roads or council car parks, which is a visit from the bailiff or a trip to the small claims court.

 

• BPA already has a strict code of conduct. But because it's a trade body they can be as strict as they like, but can never have any power.

• Fees for overstaying already have to be reasonable ie. actual losses incurred.

• There is already an independent right of appeal - any private parking company can appeal that their charges are enforceable to county court.

[DBC]

A Government minister on BBC Three Counties Radio has just said that "unauthorised parking on private land will be deemed to be an illegal act in the future". How on earth are they going to do that?

[JonCris]

A Government minister on BBC Three Counties Radio has just said that "unauthorised parking on private land will be deemed to be an illegal act in the future". How on earth are they going to do that?

 

How can parking on private land without consent be made illegal. This would require a whole raft of laws to be changed many of which would affect other unrelated situations. They might be able to inact a rule which would allow land owners an unfettered right to charge for admission but would that not simply result in a similar situation as now, namely unreasonable demands being made by land owners. Don't forget it's land owners who unleashed the PPC's on the motorist & this won't stop them

[buzby]

Like CAGgers on here using exactly the same working when they mean 'unfair' or 'unenforceable'. A common mistake, but an unfortuinate one, in this context.

[Old Snowy]

Don't forget it's land owners who unleashed the PPC's on the motorist & this won't stop them

 

I'm afraid that I disagree with you on this point. The PPC model for the "management" of private car parks was devised by the PPC's themselves - not landowners. It is the PPC's who stand to gain most from it and it is they who continue to "sell" the idea of the reasonable (though small) rake off to the landowners who have to do absolutely nothing to get it whilst their PPC "contractor" makes a comparative fortune.

[lamma]

They are rushing to speak without thinking. Not unusual for MPs. anything to look like they have concern for the population then we might forget about their expenses.

 

One result I can see is that the PPC and the landowner/occupier will have to have proper contracts with each other,

Mostly PPCs have no rights to even offer the parking much less do anything about it.

two sides to that coin.

[Al27]

I'm afraid that I disagree with you on this point. The PPC model for the "management" of private car parks was devised by the PPC's themselves - not landowners. It is the PPC's who stand to gain most from it and it is they who continue to "sell" the idea of the reasonable (though small) rake off to the landowners who have to do absolutely nothing to get it whilst their PPC "contractor" makes a comparative fortune.

 

I've got little sympathy for landowners who are in cahoots with PPCs.

[buzby]

I'm afraid that I disagree with you on this point. The PPC model for the "management" of private car parks was devised by the PPC's themselves - not landowners.

 

Absolutely. It was developed by PPCs as a 'licence to print money'. All they needed was the landowners agreement, and if you look at their websites, you see how this 'n o cost, no fee' arrangement snowballed under the guise of protecting the landowners investment.