Birmingham is really dangerous

[john6767]

Is that not illegal nowadays?

no idea, but you are parking on some ones private property, and they may well have restrictions by which they allow that to happen.

[ditchcrawler]

Is that not illegal nowadays?

Not it the notices are clear to see telling you that is what they do and who to contact plus cost of release. They mustn't hide the notices round the corner or so high you cant read them.

[Nine of Hearts]

Not it the notices are clear to see telling you that is what they do and who to contact plus cost of release. They mustn't hide the notices round the corner or so high you cant read them.

 

What an excellent get-out-of-jail-free card for a short arse (like me).

 

Thanks for all the responses. I feel all informed.

[ditchcrawler]

 

What an excellent get-out-of-jail-free card for a short arse (like me).

 

Thanks for all the responses. I feel all informed.

Looks like I was wrong and things have changed

Chapter 2 – Ban on wheel clamping without lawful authority A Government ban on wheel clamping, towing or blocking in without lawful authority in England and Wales is now in force (as of 1 October 2012). These provisions, in section 54 of the Protection of Freedoms Act 2012, end abuses by rogue clamping firms who have preyed on motorists by charging excessive release fees, displaying unclear signage and resorting too readily to the towing away of vehicles. It is now an offence to clamp, tow, block in or otherwise immobilise a vehicle without lawful authority in England and Wales. A ban on clamping has been in place in Scotland since 1992. The Northern Ireland Minister of Justice has conducted a public consultation on the future regulation of the private security industry in Northern Ireland which asked whether clamping, towing or blocking in should be banned on private land in Northern Ireland. Until such time as Northern Ireland decides to introduce a ban, it will not apply to Northern Ireland and Security Industry Authority licensing will continue for Northern Ireland vehicle immobiliser operators. To be guilty of the offence, the person immobilising or moving the vehicle must intend to prevent or inhibit the removal of the vehicle by its driver or owner, whether or not there is any intent to demand a fee for release of the vehicle. The maximum penalty for the offence is an unlimited fine on conviction in the crown court; or a fine of up to the statutory maximum [currently £5,000] in the Magistrates‟ court. Any questions on how to apply the law in individual cases should be referred to an independent legal advisor. Lawful authority The term “lawful authority” means where specific legislation or express powers are in force, which allow for vehicles to be legally immobilised or removed. Examples of lawful authority include where statutory powers exist such as Road Traffic Regulations which allow local authorities or the police to clamp or tow vehicles on public roads. Certificated bailiffs retain their powers to immobilise or remove vehicles. Certain statutory authorities also retain the ability to clamp and tow, such as the Driver and Vehicle Licensing Agency (DVLA) and Vehicle and Operator Services Agency (VOSA), who will continue to clamp or tow vehicles which are un-roadworthy or have not had their vehicle tax paid. There are other organisations and public bodies which can establish „lawful authority‟ through Acts of Parliament and local byelaws including airports, ports and harbours, strategic river crossings, as well as some railway stations and common land. Clear signage outlining where parking is permitted and including the terms and conditions of parking should be displayed. Bodies with lawful authority to clamp and tow may continue to contract out this work to private companies. The terms and conditions of use in privately owned off-street car parks do not normally in themselves establish lawful authority. They are a contract between the car park owner and the motorist. Independent legal advice should be sought, e.g. from a solicitor, if there is any uncertainty as to the status of land and whether lawful authority exists to control parking on that land using clamping or towing as a means of enforcement. Alternative options for other landholders including private car park operators and private residential parking officials:  Ticket the vehicle, including use of ANPR/CCTV cameras for ticketing purposes. Signage outlining the terms and conditions need to be clearly displayed at the car park. If the ticket is not paid you might, under certain circumstances, be able to obtain the name and address of the keeper from the DVLA. (See link below for Department for Transport (DfT) guidance on recovery of unpaid parking charges).  Use a fixed barrier to restrict the movement of a vehicle. This is lawful where the barrier was present when the vehicle was parked, and where it was prominent enough for the driver to have been aware of it and to ensure they could reasonably have understood it is for the purpose of controlling access and/or exit from the parking area (see section on fixed barriers below).  Carefully move the vehicle (at your own risk and expense), providing the intention is simply to regain access to the land and provided it does not cause an obstruction and you do not intend to prevent or inhibit the vehicle‟s driver or owner from removing it. If in moving the vehicle there is any damage caused to the vehicle, the person who moved the vehicle may be liable for damages (i.e. the landholder or the parking enforcement company employed to move the vehicle).  Enter into an agreement with the local authority for them to have a controlling interest in the land and enforce parking under the Road Traffic Regulation Act 1984 (www.legislation.gov.uk/ukpga/1984/27/contents), or the Traffic Management Act 2004 (www.legislation.gov.uk/ukpga/2004/18/contents) .  Take civil action in a court of law if you can identify the registered keeper.  Report the matter to the police if you believe a vehicle has been parked dangerously or has caused an obstruction.

[Dave_P]

Not it the notices are clear to see telling you that is what they do and who to contact plus cost of release. They mustn't hide the notices round the corner or so high you cant read them.

No. Clamping on private land is unlawful. I can't think of any way round it either. I thought this was widely known. Perhaps not.

[cuthound]

This is the Citizens Advice on clamping:

 

https://www.citizensadvice.org.uk/consumer/transport/driving-and-parking/wheel-clamping/when-your-car-can-be-clamped-or-towed-away/

[ditchcrawler]

No. Clamping on private land is unlawful. I can't think of any way round it either. I thought this was widely known. Perhaps not.

I did post an update saying I had it wrong in reply to the very next post.

Edited June 16, 2016 by ditchcrawler

[AndrewIC]

Can you clamp your own car to prevent it being nicked?

[cuthound]

Don't know about cars, but I've seen loads of caravans with clamps on them.