,
Denton, Texas United Kingdom In
Scotland, local authorities are permitted by statute to clamp, tow, or otherwise remove vehicles. Outside that statutory authority, clamping on private land was found to be unlawful in the case
Black v Carmichael (1992) SCCR 709, which held that immobilising a vehicle constitutes
extortion and theft. Writing in dismissal of parking contractor Alan Black's appeal to the
High Court of Justiciary,
the Lord Justice General (Lord Hope) cited case law which said "every man has a right to dispute the demand of his creditor in a court of justice" and himself wrote "it is illegal for vehicles to be held to ransom in the manner described in these charges". In
England and Wales, The
Protection of Freedoms Act 2012 criminalised certain wheel-clamping activity on private land without lawful authority from 1 October 2012. This prohibits clamping in many common locations such as supermarket car parks, but clamping is not entirely banned. For example, a
railway operator may clamp a vehicle under the provisions of Railway
Byelaw 14(4). The act of clamping is still lawful by the
police,
DVLA,
local authority, etc. but not by a private person or company acting on behalf of their own interests on either public or private property. For example, a person cannot lawfully be clamped on property such as a hospital site, private driveway, car park not operated by a local or government authority, etc. The only exception to this is if the clamping company are acting on behalf of a government agency e.g. contracted on behalf of the
DVLA. To allow landowners to deal with unauthorised vehicles the same statute allows land owners to hold the registered keeper of a vehicle liable for any charges relating to breach of contract under certain circumstances. Landowners who seek to enforce 'Parking Charge Notices' (contractual payment terms) establish the contract through the use of onsite signage detailing the 'conditions'.
Ireland ) in Ireland, with note on driver's side window warning the owner not to attempt to drive away. In the
Republic of Ireland, clamping in public places is legal under a 1988 amendment to the Road Traffic Act 1961. Clamping in private car parks is widespread but not regulated by statute, and the legality of the practice is unclear.). The 2015 act regulates private as well as public clamping. It also seeks to improve and standardise the level of fines and the appeals process, which have been the focus of public dissatisfaction. ==See also==