"According to the RAC, the clamping of cars by private companies could be an infringement of the 1998 Human Rights Act. The motoring organisation says that the fines charged by private individuals are usually exorbitant and unjustifiable.
The fines for parking on private land are also demanded without any type of legal process and this is something that the RAC would like to see changed. The changes would certainly help people with courier jobs, as there is nothing worse than returning from a delivery to find a large yellow wheel clamp placed on your beloved van."
"So how exactly is wheel clamping illegal? Chris Elliott, a barrister for the RAC, argues that the concept of one citizen punishing another is alien in English law and that the purpose of clamping is simply to prevent a vehicle being on private land without permission. Therefore, Chris argues, clamping is perverse as it perpetuates the harm caused to the landowner which is ultimately a self-inflicted wound.
The only tactic is to punish or deter, both of which have no foundation in English law. This is because they are based on a notion that one person cannot punish another and that punishment is a power reserved solely for the State.
There are further arguments by barristers that the practice of clamping is also contradictory to protocol 1 of the Human Rights Law, which states that every person is entitled to the peaceful enjoyment of his possessions and should not be deprived of them, unless in accordance with English law."
Source: http://ezinearticles.com/?Is-Private-Clamping-Legal?&id=3060854
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Alasdair Baxter, Nottingham Discusses Clampers in His Area:
"From what I have seen most clampers come from the fringes of the criminal classes. They are of the same ilk as those who come to your door offering to tarmac the drive, demand a huge price and then drive you to your bank to get cash to pay them with.
Why does England and Wales not get in line with Scotland where private clamping is totally illegal."
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Alasdair Baxter, Nottingham, UK.Tel +44 115 9705100; Fax +44 115 9423263
Why does England and Wales not get in line with Scotland where private clamping is totally illegal."
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Alasdair Baxter, Nottingham, UK.Tel +44 115 9705100; Fax +44 115 9423263
"Fred" from www.LegalBanter.com :
SOURCE: http://www.legalbanter.co.uk/uk-legal-moderated-legal-topics/24038-illegal-wheel-clamping-legal-recourse.html
"The present legal position of clampers is a scandal and amounts to barely legal extortion in many cases. There is absolutely no excuse for failing to bring in a system of licensing that will regulate them.
We have all heard the horror stories, up to and including the deliberate setting up of tempting-looking sites to entrap the unwary. At up to £300 per victim the costs are easy to recoup.
I recently heard a case in court where the driver of a clamper truck was seen by the police to clamp a vehicle, whereupon they checked him over. It turns out that he has no licence, and his truck is uninsured. He then tried to give the officers false details, and only adjusted his attitude when they handcuffed him and put him in the police vehicle. He then failed to turn up to court, and I issued a warrant for his arrest.
The Government needs to find time for a short Bill bringing in licensing of clampers, with a proper code of practice. Perhaps a private member will oblige?"
"My point has nothing to do whether clamping is legal - it obviously is. What has happened though is that some clamping firms are in the extortion business rather than that of parking control.
In my area a car was towed away within four minutes of being left and the owner was told that it would cost him £385 to get his car (which was in an adjacent street) back.
Clampers have threatened and intimidated old and vulnerable people. All I am asking is that clampers are properly licensed, checked for criminal backgrounds, and that their behaviour be subject to a code of practice.
My story about the unlicensed and uninsured clamper who then tried to get arsy with the police was to illustrate what some of the clampers are like. They should be controlled."
"The present legal position of clampers is a scandal and amounts to barely legal extortion in many cases. There is absolutely no excuse for failing to bring in a system of licensing that will regulate them.
We have all heard the horror stories, up to and including the deliberate setting up of tempting-looking sites to entrap the unwary. At up to £300 per victim the costs are easy to recoup.
I recently heard a case in court where the driver of a clamper truck was seen by the police to clamp a vehicle, whereupon they checked him over. It turns out that he has no licence, and his truck is uninsured. He then tried to give the officers false details, and only adjusted his attitude when they handcuffed him and put him in the police vehicle. He then failed to turn up to court, and I issued a warrant for his arrest.
The Government needs to find time for a short Bill bringing in licensing of clampers, with a proper code of practice. Perhaps a private member will oblige?"
"My point has nothing to do whether clamping is legal - it obviously is. What has happened though is that some clamping firms are in the extortion business rather than that of parking control.
In my area a car was towed away within four minutes of being left and the owner was told that it would cost him £385 to get his car (which was in an adjacent street) back.
Clampers have threatened and intimidated old and vulnerable people. All I am asking is that clampers are properly licensed, checked for criminal backgrounds, and that their behaviour be subject to a code of practice.
My story about the unlicensed and uninsured clamper who then tried to get arsy with the police was to illustrate what some of the clampers are like. They should be controlled."
Krissie Labanauskas "Car-Boot Racket; Old Navy Chicago, 60290"
"No Savings Here!""...Had a terrible experience here. Parked with intention of using coupon at Old Navy but had to use the restroom before shopping so ran across street to Starbucks....On way to shop at Old Navy, saw boot on my car! Store managers claim their hands are tied and cannot do anything regarding their customers being booted.
Car next to me was booted as well, when they had already shopped at Old Navy, one person was still in Old Navy at time of boot, and three others ran to Starbucks for a drink.
All in all, I paid $115 to remove boot...terrible experience, did not use coupon or shop at store after being rudely dismissed by manager.
No discretion to help out customers regarding boots sounds like a bunch of b*** s*** OR terrible corporate management/policy. Either way, avoid this store and certainly avoid the lot. Global Parking Management Inc. supposedly runs the lot.
March 17, 2009 by Krissie Labanauskas in Chicago, IL
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