Clamping Signage

[Speck1965]

Just a quick question........

 

I am aware that clamping on private land has now been outlawed, but what are the rules on signage?

 

My local Homebase store has a large sign up in the car park stating that illegally parked vehicles will be clamped and a release fee will be charged.

 

As clamping is now illegal I assume this is just a scare tactic and they will not clamp anyone, but is it legal?

 

Thanks

[Crocdoc]

Spot on, as of the 1st October 2012 clamping on private land has been illegal except in very exceptional circumstances where consent has been given by police or local authority. In Scotland clamping by private companies has been outlawed since the early 1990's

[Speck1965]

But are they allowed to display signage threatening clamping even if they don't actually clamp?

[sailor sam]

I think you will find that they can put up what ever signs they want on their own property but the information they give may not necessarily be constant with current legislation.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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[Speck1965]

Even though they are threatening to do something that is illegal?

[Aretnap]

If I put up a sign which said "if you park here I'll drop litter" would I be breaking the law?

 

In general it's not illegal to threaten to do something which is itself illegal. There are exceptions - it's illegal to threaten violence or damage to property - but AFAIK nothing which would apply to clamping.

 

Added: The Consumer Protection From Unfair Trading Regulations would probably apply in a commercial car park if the threat of clamping induced a consumer to make a transactional decision he wouldn't otherwise have taken. For example a customer planning to stay an hour in a pay and display car park might feel he had to buy a ticket for two hours if he thought he was at risk of being clamped if he inadvertently overstayed, and so the threat of clamping would be an aggressive and/or misleading commercial practice. However this wouldn't apply if there was no trading going on and it was simply a sign saying "don't park here - or else".

Edited March 4, 2013 by Aretnap

[Speck1965]

OK thanks, I consider my question answered.