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Clamping & Removal
Clamping & Removal
In the UK, the rules surrounding vehicle clamping and removal on public land by local authorities are strictly regulated by law. These measures are generally seen as enforcement actions to deal with parking violations, unauthorized parking on public land, or to address vehicles that pose a safety hazard or obstruction. The specific laws and regulations that govern these actions include the
Vehicle Clamping
Historically, clamping on public highways has been a common enforcement method. However, its use has been significantly restricted in recent years.
Public Land:
On public land, local authorities have the power to clamp or remove vehicles in certain circumstances, such as if a vehicle is causing an obstruction, parked in a dangerous position, or if there are outstanding parking fines associated with the vehicle. The legal framework for this is provided by the Traffic Management Act 2004 and other local regulations.
Private Land:
The Protection of Freedoms Act 2012 made it illegal to clamp, tow away, or immobilize a vehicle without lawful authority on private land in England and Wales. This legislation was introduced to protect drivers from unscrupulous clamping and towing practices on private land. However, private landowners can still enforce parking restrictions through other means, such as issuing Parking Charge Notices.
Vehicle Removal
Local authorities also have the power to remove vehicles under certain conditions. This can include vehicles that are: Illegally parked in a way that causes obstruction or danger to other road users. Parked in breach of local parking restrictions and having accumulated multiple unpaid parking fines. Abandoned vehicles posing a safety risk or environmental hazard. When a vehicle is removed, the owner must pay the costs associated with the removal, storage, and any outstanding fines before the vehicle can be reclaimed.
Costs and Fines
The costs associated with clamping or removal can be substantial. They are intended to cover the administrative and operational expenses incurred by the local authority or their contractors in enforcing the parking restrictions. These costs often include: A release fee to unclamp the vehicle. Towing and storage fees if the vehicle has been removed. The original fine associated with the parking violation. The reason why the total amount payable can seem like "double the money" is that the vehicle owner is being charged for the enforcement action (clamping or removal) on top of the original parking fine. This is legal and sanctioned by the regulations in place to deter parking violations and ensure that drivers adhere to parking restrictions.
Conclusion
It’s legal for local authorities to clamp or remove vehicles under specific circumstances as outlined by law. These measures are part of broader efforts to manage parking and ensure public safety and access on roads. Vehicle owners facing clamping or removal will encounter significant charges, which serve as a deterrent against violating parking regulations. Drivers should always endeavor to understand and comply with local parking laws to avoid these costly and inconvenient penalties.