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Government announces Vehicle Clamping Ban


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The Government announces that clamping will be illegal in England and Wales from October 2012

 

Two things to this.

 

Clampers will be especially vigilant and try and clamp as many cars as possible whilst they can still get away with it! Be careful. The solution if you are clamped is to sue both landowner and clamper at present because clampers are acting as agent to the landowner and tend to ignore CCJ's. They are notoriously difficult to trace.

 

Clamping is already illegal in Scotland.

 

http://www.sia.homeoffice.gov.uk/Pages/about-news.aspx?newsid=307

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The Government announces that clamping will be illegal in England and Wales from October 2012

 

Two things to this.

 

Clampers will be especially vigilant and try and clamp as many cars as possible whilst they can still get away with it! Be careful. The solution if you are clamped is to sue both landowner and clamper at present because clampers are acting as agent to the landowner and tend to ignore CCJ's. They are notoriously difficult to trace.

 

Clamping is already illegal in Scotland.

 

http://www.sia.homeoffice.gov.uk/Pages/about-news.aspx?newsid=307

 

 

Just to amplify on that:-

 

It is indeed better to issue against both, but, and it's an important but, you must ensure that you have given adequate notice to both in terms of letters. They must be aware of your claim and that you intend to proceed

 

If you have been ignored by the clamping company, you have grounds for a claim against both, failing which the landowner could legitimately defend the claim, and argue that under the civil procedure rules, you have acted unreasonably if you just go off and issue without warning.

 

They could apply for costs against you on that basis, even though this is a small claim.

 

Two letters would be fine though. One letter of claim, and a chasing letter, then off to the Court office to issue.

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In addition:

 

There is a suggestion that the bill is already law and that the link I posted earlier was out of date. I am in the process of trying to be definitive about this. In the meantime:

 

http://services.parliament.uk/bills/2010-11/protectionoffreedoms.html

 

As Moosey says - make sure you go through the proper court procedures if you have to issue a claim.

Edited by Walkley Dave
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Does this ban apply to Private Car Parks as well? If so the "beast of Howarth" will be down a few hundred pounds a day because I believe he makes his living not from the parking charges but what he makes from clamping the cars on his car park for the most silly reason and gets away with it

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Does this ban apply to Private Car Parks as well? If so the "beast of Howarth" will be down a few hundred pounds a day because I believe he makes his living not from the parking charges but what he makes from clamping the cars on his car park for the most silly reason and gets away with it

 

It will apply to all land. The only people who will be able to clamp car are the police and public sector employees employed for the job. Anyone else will be breaking the law and could be charged with extortion.

At last a government that does something instead of talking about it for 10 years.

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