Wheel clamping law is about to be expressed in one simple statement: ‘Wheel clamping is illegal.’
The path to the Freedom Bill, expected to become the Freedom Act sometime in the near future, is paved with terrible feelings on the part of motorists and clampers, heated arguments and even physical fights between the parties involved.
Scotland has been wiser that England and Wales; the absence of trespass offences in Scots law made clamping and towing of vehicles illegal there from the start.
In the southern countries – England and Wales – the rights of the property owner have been sacred to the extent that the private landlord could and did punish drivers and owners of vehicles parked without permission on their grounds. Over in the south the law had had to struggle to criminalise the use of mantraps to (literally) clamp human living and flesh and blood trespassers on private land.
Distress damage feasant is the legal principle underwriting the right of the property owner to negatively condition persons who put things such as animals and machines on his/her grounds, clamping law was derived from this.
The earlier punitive way was the direct ancestor of the hated car clamp. If, say sheep, strayed onto a neighbour’s land the irate latter was entitled by distress damage feasant to hang onto the animals until the distraught owner coughed up for any and all damage and loss his animals, his property in law, had caused.
It was in 1998 that wheel clamping started in earnest in England and Wales. It has caused nothing but trouble ever since. Wheel clamping law does not exist/
The Home Office minister representing the Hornsey & Wood Green constituency in the Commons, Lynne Featherstone, has used strong language to describe the unacceptability of clamping and towing and has made a definitive statement to the effect that the Coalition Government will definitely under her captainship pilot a soon to appear Freedom Bill through to the Freedom Act that will outlaw the clamper and the tower.
Only local authorities and central government will be able to immobilise and tow way vehicles after that.
The property owner is advised to contact Flashpark which is a private company specialising in parking enforcement for the legally enforceable and socially acceptable way of dealing with the unauthorised parker.