RAC Foundation Clamping on Private Land

[lookinforinfo]

This has been out since the middle of last year but cannot find it on the Forum.

Makes interesting reading especially the last section where a lawyer

dissects what she believes is the current situation.

http://www.racfoundation.org/assets/rac_foundation/content/downloadables/clamping%20-%20elliott%20-%20090709%20-%20report.pdf

 

My apologies if it has already been posted.

[kiptower]

but why did the RAC start it in this manner, they should be demanding the LAW already in scotland should be extended to the rest of the Country full stop,

 

which would put the private clampers out of business as a punishment for the [problem] they have been running, maybe its time they actually listened to the public, instead of sitting in their ivory towers dreaming up ideas

 

they should be sorting the PPC's [problematic], and putting them out of business also.

 

both these scams rely on a lack of law, and the publics lack of knowlege, and ipublic is being exploited

[buzby]

Agreed. The recent Parliamentay Committee looking into it accepted the explanation from Edmund King (the AA's former Press Officer) that the changes in Scotland were not the precursor to anarchy. It has made the process of pursuing private parkers much less profitable.

[lookinforinfo]

You have to remember that there are sometimes considerable differences between"English" and Scots Law. And theft is one such area.

 

I have forgotten the reason that clamping is unlawful in Scotland but i Think it is something to do with theft not just being to "permanently deprive" someone of their goods. So to clamp a car in Scotland is in effect theft because it deprives the owner the use of that car regardless that it may be temporary [till a debt is paid for example].

[buzby]

The reason given in the high court is that clamping was a 'disproportionate remedy'. Nothing to do with theft.

[patdavies]

The reason given in the high court is that clamping was a 'disproportionate remedy'. Nothing to do with theft.

 

Not so. It was considered to be extortion - contrary to the Theft Act.

 

This from the annexe of the RAC report (to save me looking it up elsewhere)

 

C) The Position in Scots Law

46. The position as regards private clamping is different in Scotland. In Scotland, clamping without statutory authority is an offence of theft. This is because an intention to deprive the owner permanently of his goods is not a necessary ngredient of the offence of theft in Scots law (Black v. Carmichael 1992 SCCR 709).

[buzby]

Afraid you are talking of a different case. Black & Carmichael was a SHERIFF Court judgement. I said High Court, and I'll try and look it up over the weekend. However I have an archived quote from Lord Hope who, referring to B&C stated; "But the means which have been selected to deter the activity fell plainly within the proper limits of the crime of extortion, since the whole purpose of the wheel clamping was to obtain money as a condition of the release of the vehicle."

 

There is no intention to deprive the owner of his goods (theft), as for extortion - there are degrees of this (like harassment) and it isn't a slam dunk every time - each case would have to be argued on its merits. It was the disproportionate element that swung the argument as the loss of convenience to the motorist far outweighed the penalty.

 

Whatever the excuse - it seems strange English MPs have been happy to put up with the situation as it currently stands down there. You could think they were in on it.

[DBC]

The island of Jersey is also planning to ban private wheel clamping as this pdf document shows.

 

Some extracts from that document:-

 

I have already publicly expressed the view that the practice of wheel clamping is unlawful, as constituting an unlawful intervention with the rights of the owner or user of the motor vehicle concerned.

 

When a person parks his car without permission on land occupied by another he commits the tort of trespass. Trespass is a civil wrong which is actionable in itself and entitles the occupier of the land to damages. The wheel clamping service amounts to a suggestion that the occupier or his agent may take the law into their own hands and exact damages of their choosing from the trespasser.

[buzby]

Hear here!

[kiptower]

quote

 

When a person parks his car without permission on land occupied by another he commits the tort of trespass. Trespass is a civil wrong which is actionable in itself and entitles the occupier of the land to damages. The wheel clamping service amounts to a suggestion that the occupier or his agent may take the law into their own hands and exact damages of their choosing from the trespasser.

which is already Law throught the UK

[lookinforinfo]

Apparently there are a lot of people who don't know that including Judges