Driver clamped in private car park

[2b1ask1]

A friend of mine recently came back to a station car park to find his and other vehicles clamped (yes in England), The clamper quoted railway by-laws as authority and relieved him of £220 for the pleasure. Is this true that they can still clamp (private company) under railway by-laws?

Sounded very suspicious to me. They said it was only repeat offenders they clamped for no ticket.

[Ewan Hoosami]

No they most certainly cannot

Another thing they (private wea$els) cannot do is impose a penalty under byelaws, as this FOI clearly shows.

The dft themselves stated in no uncertain terms,

"………..no other person or body other than the Court is able to impose a penalty for breach of the
Byelaws [including Byelaw 14 (1-3)]………….."

There really is no end to what these reprehensible f ckers think they can get away with. 

[BGB]

Clamping is not a penalty, so costs can be charged.

Railway Byelaws 2005
14. Traffic signs, causing obstructions and parking
(1) No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign.
(2) No person in charge of any motor vehicle, bicycle or other conveyance shall leave or place it on any part of the railway:
(i) in any manner or place where it may cause an
obstruction or hindrance to an Operator or any person using the railway; or
(ii) otherwise than in accordance with any instructions issued by or on behalf of an Operator or an authorised person.

(3) No person in charge of any motor vehicle, bicycle or other conveyance shall park it on any part of the railway where charges are made for parking by an Operator or an authorised person without paying the appropriate charge at the appropriate time in accordance with instructions given by an Operator or an authorised person at that place.
(4) In England and Wales
The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an Operator or authorised person.
(iii) The owner of the motor vehicle, bicycle or other conveyance shall be liable to an Operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that
(i) the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle’s owner.
(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person.
24. Enforcement
(1) Offence and level of fines
Any person who breaches any of these Byelaws commits an offence and, with the exception of Byelaw 17, may be liable for each such offence to a penalty not exceeding level 3 on the standard scale.

 (4) Notices
No person shall be subject to any penalty for breach of any of the Byelaws by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular Byelaw was displayed.

[Ewan Hoosami]

I see where you are going and also PoFA prohibits clamping without lawful authority however I maintain that the weasels have bastardised the law just a tad.

If you are enforcing byelaws then only the magistrate can hear the case with the court retaining any penalty. You can't quote the byelaw and then keep the money. If the weasels are managing the car park and want to keep the money then it must be on a contractual basis, you agreed to give us your money now cough up.

"(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person."

There's a can of worms for you. You cannot clamp under the byelaws unless you have displayed the warning notice but your BPA Ltd membership prohibits you from threatening clamping which would likely result in the BPA Ltd finding you innocent of any wrongdoing terminating your membership.

The weasels' excuse that it is only for repeat 'offences' does not wash either. All breaches, first and subsequent are pursuable through the courts, clamping can never be a remedy.

You are of course right about the clamping not being a penalty but the byelaw (if the weasel wants to use that) provides for 'costs incurred by the operator'. I doubt that £220 represents actual costs and many victims have successfully recovered these 'costs' back via MCOL.

Is that about the size of it or am I talking Bollocks?

 

[BGB]

Ewan, you are entirely correct that, where a railway byelaw is in effect then any penalty charge must be enforced though a magistrates court and not by a private weasel.

However, a private weasel can clamp on behalf of the railway company.  The regulation states that only costs can be recovered so GPEOL will be in place.   And of course, the signage will be very relevant.