Parking Wardens - Clamping & "No Parking" stickers

Sully

Hey,
Iv a quick question. What are the laws surrounding parking wardens on private grounds (such as shopping centres, colleges, and other areas). I assume they need specific permission from the local courts to issue clamps to what they deem illegaly clamped cars, and also placing of warning stickers on the drivers side window (which I would have though obstructed view!).

I know in my college a clamp was removed by the car owner and was challanged in court. Driver won the case.

In another case, only last year, the same happened and the Guards refused to get invovled. No legal action was taken, and no "release fee" was ever paid.

What is the position officaly?

Maximilian

I think in a nutshell where private property is involved, it is governed by contract law.

So say there is a large sign as you enter the car park advising you that clamping in in operation, then arguably they can clamp you.

The wild card is consumer law. If the fine is say something like €80, which I have seen, then I think this would be struck down as being an unfair term under the EU regulations.

As far as I'm concerned, if I was clamped on private property without clamping being brought specifically to my attention, I would have the clamp hacked off and I would sue the clamp operators for my expenses.

Spike440

There was another thread about this recently but I can't find it for some reason.

Sully

Maximilian wrote: »

I think in a nutshell where private property is involved, it is governed by contract law.

So say there is a large sign as you enter the car park advising you that clamping in in operation, then arguably they can clamp you.

The wild card is consumer law. If the fine is say something like €80, which I have seen, then I think this would be struck down as being an unfair term under the EU regulations.

As far as I'm concerned, if I was clamped on private property without clamping being brought specifically to my attention, I would have the clamp hacked off and I would sue the clamp operators for my expenses.

Apparently, because there is no traffic control in operation in the WIT Car park (the college) its considered "public" rather then private. The fee is €50 release, which seems standard across a lot of local security company's.

The thread I found on this was a 2004 thread in Motors, which included posts by Seamus and others. Everyone had a different opinion - including considering the sticker vandalism if it doesn't come of easily.

Maximilian

I think it would still be private property. There a difference between public property and property accessible by the public, as far as I recall (and that's going back many years!).

nuac

IMHO clamping of cars may only be done under appropriate statutory powers by a local authority or those employed by it.

The owner of private property has no authority to clamp cars trespassing on his/her property, regardless of what notices are displayed.. There are legal remedies for trespass.

Victor

nuac wrote: »

IMHO clamping of cars may only be done under appropriate statutory powers by a local authority or those employed by it.

The owner of private property has no authority to clamp cars trespassing on his/her property, regardless of what notices are displayed.. There are legal remedies for trespass.

So what if a property woner merely locks the gates to his property and demands an out of hours call out fee to release the vehicle?