Author Topic: Hotels clamping cars now?? Isent this now illegal?  (Read 1681 times)

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Offline «THÖMÅS®©™»

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Hotels clamping cars now?? Isent this now illegal?
« on: 22 February, 2014, 05:20:35 PM »
I was riding home today and eye balled this sign:  (attached below)

Wasn't this made illegal in 2010?  I mean seriously?
It's not "enforcement", it's "extortionate"!

Offline coco

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #1 on: 22 February, 2014, 11:01:24 PM »
I was riding home today and eye balled this sign:  (attached below)

Wasn't this made illegal in 2010?  I mean seriously?

Nearly right! The Protection of Freedoms Act made clamping on private land unlawful from 1 October 2012.

But there are still many signs that threaten clamping on display around the country. They are, however, empty threats.

Offline «THÖMÅS®©™»

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #2 on: 23 February, 2014, 05:00:15 AM »
That's what I thought.  Clamping (on private land or not) is now a criminal offence right?

Under Section 54 of the Freedoms Act 2012 it states:

Quote
Offence of immobilising etc. vehicles

(1)A person commits an offence who, without lawful authority—

(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b)moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.


(2)The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).

(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.

(4)A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.

(5)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to a fine,

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(6)In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.

In my view, it is a criminal offence to clamp or otherwise inhibit the owner of a vehicle from moving it anywhere.  This is what clamps are designed to do.  They should be banned and under "going equipped to steal" as that is what they are mainly used for.  Right?

If I was clamped, I would cut it off, and throw it at the goon that clamped me.  No offence committed.  Why?  He should not have clamped me as it is illegal to do so.  I believe that this applies to private land owners (who by the way like to send out threatening letters to pay up or face legal action) and government agencies (such as the DVLA).  We all know that they are a way to extort money from us.  Why do we allow it to continue?  Time to contact my MP me thinks.
« Last Edit: 23 February, 2014, 05:08:47 AM by «THÖMÅS®©™» »
It's not "enforcement", it's "extortionate"!

Offline The Bald Eagle

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #3 on: 23 February, 2014, 10:56:39 AM »
If I was clamped, I would cut it off, and throw it at the goon that clamped me.  No offence committed.

Unfortunately that's not right. You could be done for criminal damage.

However, if you didn't cut it off, the same police officer who would have been called by the clamper to arrest you for criminal damage might well be the same one you called for being illegally clamped, and that officer would no doubt take great pleasure in arresting the bully boy clamper, who would in turn be forced to remove the clamp under threat of being dragged off by the fuzz (quite painful I am told) to explain his inaction to the local beak. And in any event, even if the clamper removed the clamp he would still be nicked for breaking the law and would be punished accordingly.

Revenge is a dish best served cold. :-*
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Offline DastardlyDick

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #4 on: 23 February, 2014, 11:09:40 AM »
There are a lot of notices of this sort still around from when clamping was allowed - people just can't be bothered to remove them.

Offline «THÖMÅS®©™»

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #5 on: 23 February, 2014, 03:46:19 PM »
Well, as long as I know it's illegal is all I wanted to know.

I just heard something bout it but wasn't sure what piece of legislation made it illegal.
It's not "enforcement", it's "extortionate"!

Offline Virgil

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #6 on: 24 February, 2014, 02:14:16 PM »
There's a sign outside Chelmsford Police Station stating that vehicles parked without a permit will be clamped. It is quite old but was there on Saturday last. The area to which it refers is in front of the station, with signs at intervals reserving "spaces" for CID, SOCO etc. Access is over the pavement and I think there is a dropped kerb. I'm not quibbling about their need to park and the area concerned has a different suface to the "pedestrian" pavement and in no way blocks any other use or access.
Now I appreciate that the police need to be able to park "at the office" so that they can nip out when called, but out of academic interest, is this sign still valid or just an attempt at "bluster by omission to remove a now out of date sign" to prevent all and sundry parking there?

Offline BGB

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #7 on: 24 February, 2014, 02:18:56 PM »
Is this a "police" notice or a Private Parking Company notice?

In any event it is meaningless bluster.

About as accurate as "We will make all criminals walk through the town centre naked"

Offline The Bald Eagle

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Re: Hotels clamping cars now?? Isent this now illegal?
« Reply #8 on: 24 February, 2014, 03:29:32 PM »
Hello Virgil.

A simple way to think of this is to remember that it is illegal for ANYONE, (and that includes Local Authorities and any other Enforcement Authority like TfL), to clamp a vehicle on PRIVATE LAND.

There are other rules that apply on normal roads that allow clamping by Enforcement Authorities and these are quite complicated as to who has the right to do what.

However, with regard to PRIVATE LAND the law is unequivocal and ANYONE caught doing it is committing a criminal offence under section 54 of the Protection of Freedoms Act 2012 (see Thomas's post above).
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