Cars clamped... WTF?

Will Gill · 15 Aug 2009 at 13:32

Burnsy2023 said:
I'm sure that your land is classed as private land. Even if the council owns it, there is no public access. As you are in Scotland, Black v Carmichael 1992 SCCR 709 comes into effect. As you probably know this renders clamping on private ground in Scotland illegal as it is said to be Theft and Extortion. Both of which are criminal offences. You could see if the Police would be interested in helping.

Personally, I would not even entertain the idea of negotiating with them, they are blatantly breaking the law. Also complain to the SIA about their actions.

sounds awesome, thats the green light you need, go download a video of the boxing fight between Black v carmichael, get a long extension lead and move your telly outside, if whilst grinding the clamps off the clampers come back just show them the fight and they will be scared and will walk away in fear.

Azza · 15 Aug 2009 at 13:35

Take the clamps off. Use them to clamp the gate shut, when ever they come round to speak / visit you.

atpbx · 15 Aug 2009 at 13:51

[TW]Fox;14683549 said:
Are you sure - we have to pay for our road but I'm pretty sure I cant park cars without insurance on it etc?

Absolutely, if you pay to maintain it, then its private, you could drive a jumbo jet on it for all anyone could do about it.

http://legal-dictionary.thefreedictionary.com/private+road
http://www.biggartbaillie.co.uk/ide...on/roads-and-the-problems-they-can-cause.aspx this one is a Scotland specific case, its quite clear the clampers have broke the law here.
There you go.

Burnsy2023 · 15 Aug 2009 at 13:55

atpbx said:
Absolutely, if you pay to maintain it, then its private, you could drive a jumbo jet on it for all anyone could do about it.

Yes but not all council property is public. Council car parks in front of their offices for one.

TaKeN · 15 Aug 2009 at 13:56

Grinder Grinder Grinder Grinder!!! You KNOW it makes sense.

atpbx · 15 Aug 2009 at 14:00

Burnsy2023 said:
Yes but not all council property is public. Council car parks in front of their offices for one.

I dont understand this point.

Whats that got to do with his car park being private?

The council can declare whatever it pays to maintain whatever it likes, but it cant tell you me or anyone else what to do on a private road, and neither can the fuzz, or the DVLA.

Burnsy2023 · 15 Aug 2009 at 14:48

atpbx said:
I dont understand this point.

Whats that got to do with his car park being private?

The council can declare whatever it pays to maintain whatever it likes, but it cant tell you me or anyone else what to do on a private road, and neither can the fuzz, or the DVLA.

My point is that clamping in Scotland on private land is illegal.

Duke · 15 Aug 2009 at 14:54

This thread lacks grinding.

wez130 · 15 Aug 2009 at 15:09

has anyone mentioned a grinder yet?

Will Gill · 15 Aug 2009 at 15:14

Duke said:
This thread lacks grinding.

I tell my girlfriend that in the pub most nights

cdcopyman · 15 Aug 2009 at 15:19

so do you own that land ? the gated entrance..ect? or is it the council ? i know what your saying about it being community owned. But maybe they do have rights to access it.? either way its a PITA to have that done , i hope you get it sorted.

semi-pro waster · 15 Aug 2009 at 16:17

Biohazard said:
What is an un-adopted road? It certainly isn't a supermarket carpark thats for sure.

An unadopted road is one that the local council have not accepted responsiblity for maintaining e.g. when a new estate is built the roads on it will have to meet certain criteria (drains/road surface suitability/street lights etc are all common conditions that may be imposed) before the council will take them on and repair/grit/clean them etc.

Good luck in getting this sorted, being in Scotland they should know better than that as the circumstances when you can be clamped are quite restricted. Glad your cat came back too.

Nodiggidy123 · 17 Aug 2009 at 11:09

how have u got on?

bledd · 17 Aug 2009 at 11:38

he's suspended at the moment..

Burnsy2023 · 17 Aug 2009 at 12:08

Indeed. You'll have to wait until Wednesday for an answer.

Shadez · 17 Aug 2009 at 13:27

He should have chained the clamps to his car and stuck a sign on them saying

"Storage Free £100 per day"

DrDee · 17 Aug 2009 at 14:05

Burnsy2023 said:
Indeed. You'll have to wait until Wednesday for an answer.

Can you not show some leniency for the sake of this thread?

Gav · 17 Aug 2009 at 16:16

Scots law is different to English law....

At my flat we have a car park which has no gates and is open to anyone who wants to drive into it. It is still a private car park and the vehicles in it cannot be clamped.

rypt · 17 Aug 2009 at 16:21

In this case it shouldn't matter if it is Scots law or English law though surely - as if the property is NOT owned by the state (but is private property) then the car cannot tbe clamped under both systems I thought?

Burnsy2023 · 17 Aug 2009 at 16:39

DrDee said:
Can you not show some leniency for the sake of this thread?

This thread will still be here in 2 days.

rypt said:
In this case it shouldn't matter if it is Scots law or English law though surely - as if the property is NOT owned by the state (but is private property) then the car cannot tbe clamped under both systems I thought?

If it's private property in England and Wales, the owner can authorise clamping on their land with the relevant signage etc in Scotland you can't.